AIBU to ask if I could contest my mother’s will?

[impossibletocontest]

Is it always impossible to contest a will in England.
I’ve been told I will not be inheriting and that my brother will be the sole beneficiary. He has a good very well paid job as does his wife, own their own home and are comfortable. Dm has a large estate so he will inherit a large amount.

I live in HA accommodation, with one child (disabled and SEN) plus I have a physical disability which is progressive and I can only work PT so reliant on UC top ups and will probably end up totally reliant when health deteriorates further.

I know England is difficult with this issue is there any chance a court would look at the situation and see that it’s fair to award me something?

ive been told that I won’t even be able to get a caveat before probate as they won’t tell me immediately on the death of dm so the assets will already have been given ? They are very low contact with me so I think they’ll absolutely do this. Is there anything now I can do or do I have to just accept that I will always struggle and my brother gets everything. As a child I was my DM carer as she had alcohol and MH issues so I feel really really used and cast aside.
She is 84 now and in poor health and the only contact I get is her telling me how I won’t get anything from her .

Doesn’t sound like you will be able to contest the will but maybe you could sue her for damages for her behaviour towards you as a child? Absolutely not a lawyer but would be interested to know if this is a possibility? Maybe a claim could be paid out even if she’s passed?

Honestly, the grounds on which you can contest are very limited and specific and given you haven't had a relationship with her for over 20 years and she was of sound mind and has told you multiple times over text that you won't be getting anything ( re confirming her wishes) you have zero chance of success here and would waste money on legal fees that you don't have.
Im sorry. She does sound horrid but still has the right to leave her money to whomever she chooses and she is choosing to leave it to her son 'who the courts would see has looked after her for the last number of years.

Still the pile on of incorrect advice continues.

This is the legal board. As several lawyers have pointed out, OP may well have a claim under the Inheritance (Provision for Family and Dependents) Act. The fact OP has no relationship with her mother is irrelevant. The fact her mother is of sound mind is irrelevant. The fact OP has been told multiple times she won't get anything is irrelevant. If OP can show the courts that she is in genuine financial need, she may have a valid claim against her mother's estate.

No, OP cannot sue for damages for her mother's behaviour towards her as a child, but it may be relevant in an Inheritance Act claim against her mother's estate.

I'm a bit shocked that you're already considering contesting your Mum's will and she's still alive!
If you don't have a relationship with her then you don't really have any grounds whatsoever to contest it.

As she is still alive, you could try building bridges with her (not to get back in her will) but maybe you could both go through counselling together to deal with why the relationship breakdown occurred and how to get you both to a place of peace.

Thinking about contesting someone's will before they've died and also calling someone to 'rub their face' in the fact they'll be disinherited are both disgusting behaviours which seem to have a lot of anger and resentment attached to them. I think you both need serious professional support.

Why do you want money from the person who gave birth to you and yet is happy to contact you only to rub your nose in the fact she's not leaving you anything.

Please don't do this to yourself.

She doesn't deserve you as a daughter but you can't change the reality of how cruel and heartless she is.

You need to stay out of her life and forget about her and your brother. Take back control.

It sounds like the mother is so vindictive she will be determined to give her son money during her lifetime to make sure he gets everything and there will be nothing left in the estate for the OP to claim. In principle the legal advice on her may be true that the OP can make a claim, but if there is nothing to claim against then pragmatically the OP will be wasting their time and money they don't have. A very sad situation,

If she does, her son can be ordered to pay OP the amount they think she is entitled to.

If you don't have a relationship with her then you don't really have any grounds whatsoever to contest it.

Simply not true. Mrs Ilott had been estranged from her mother for over 25 years at the time her mother died. She was nonetheless awarded £50,000 from her mother's estate.

It was more to remind her mother that she was her carer and her brothers actually that if it wasn’t for her things might not be what they are now.

What about if he's spent it?

That’s like that saying a credit card company wants me to repay the loan, but what if I’ve spent it? They don’t care. You need to get your money from somewhere. To repay the money you’ve spent.

This may have already been mentioned but just be aware op that if it comes to it and you do manage to make a successful challenge or claim, then if over a certain amount, it could affect any benefits you might be claiming at the time ie universal credit, council tax support, housing allowance. You might want to look into investing it in a property or something kind of trust for your child. Food for thought.

Sorry if I've missed it, @prh47bridge, but might you please elaborate on this a little? I would find it very interesting and useful to hear your view as a practising solicitor with the relevant experience in England & Wales (iirc).

He's already posted all the relevant information on this thread.

Based on the information OP has posted, I don't think that her mother's behaviour before OP was 18 crossed the boundary into abuse. If it did then yes, she could take action for that but the delay in starting action would weaken her case and she is out of time to bring action for any abuse that happened after she was 18. However, even if it doesn't class as abuse, if her mother's behaviour contributed to OP's current situation it could be relevant in determining an Inheritance Act claim.

Her mother cut contact to punish her for leaving to go to university
and the op’s description of her childhood sounds horribly, painfully true
her mother has never even tried to see her disabled grandchild
there is no rule of law around ‘deserving’ inheritance, but I do think on this occasion the OP really does

Unfortunately your mum has a right to choose who she gives her money too.

Why did you fall out? Was it both your decisions?

OP's mother's right is not absolute. As has been explained multiple times on this thread by lawyers, OP may have a claim against her mother's estate under the Inheritance (Provision for Family and Dependents) Act 1975.