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 .

Might she consider family therapy? I'm assuming not from all you've said

I think you need help to come to terms with the situation regards the will. I don't think you have any grounds to contest (although I'm not a lawyer)

I’m sorry op, it sounds like you’ve had a tough time. Unfortunately as others have said if she’s of sound mind she can leave her money to whoever she wants. You ‘needing it more’ doesn’t come into it. Hopefully someone on the Legal board may have more advice, but don’t get your hopes up on this. I think for your own sake you need to work on coming to terms with the situation, hard though that is.

I’m sorry OP. Take comfort in that, whatever material means you have, you are already setting your child up for a better life than your childhood gave you I’m sure.

You may not be able to successfully contest this, but if you did contest the will and managed to get a ‘no win no fee’ solicitor arrangement (no idea how feasible that would be) that could at least be very costly to the estate, which seems fitting to me.

Are you a qualified solicitor to make that assertion and have studied the Inheritance Act 1975 plus all case law? You sound so sure!

I only briefly learnt it for law final exams back in the day and I lack your certainty! I would defer to a probate expert.

This.

Don’t even go in this direction, OP. Just drop the whole idea and spend what money you might be able to dig up on therapy so you can move yourself out of this lifelong cycle of dysfunction.

I am NC with my mum. I don’t expect to inherit anything. Even though she is fairly wealthy. I’m an only child. I do have stepsiblings, but they have been NC for probably 20 years longer than I have. She and her husband have no children or grandchildren in their lives at all. Will they leave money to any of us? Who knows. I don’t think about it.

I have advanced cancer. She is 76 and may outlive me anyway! I currently can’t work, though we do okay because Dh can look after all of us. I have no life insurance though due to multiple chronic illnesses plus the cancer, so when I die there is nothing except my equity in my home (which obviously goes to Dh). It’s not fair to have a shitty parent who doesn’t care for you and be chronically ill, but it doesn’t mean anyone owes you either. It’s her right to be shitty as ever even after she dies.

You need to find a way to heal and stop picking this wound open again and again after 20 years. Close the door. Move on. Expect nothing to change and focus on shoring up your life and your children’s lives legally and financially on your own terms.

Are you @Noras because your posts sound very much like your just copy and pasting form AI.

A Down Syndrome child that has always been financially supported by her father is very different to OP’s circumstances!

I wouldn't mention money, wills or inheritance again. If they call again to say she's been in hospital just say OK thanks for letting me know and end the call.

Apology not accepted.
Why do you not believe the OP?

Dh grandmother left everything to charity, his dad and aunt contested it and lost (his aunt done lots for her dm and cared for her) due to this I don’t think you’ll be successful 😢

Written by Krishna Patel
A person has the right to leave their estate to whomever they choose through a will. However, in cases where a will is contested, or where the deceased has failed to make adequate provision for family members, the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) provides a route for certain individuals, including adult children, to challenge the distribution of the estate.
The 1975 Act allows adult children to make a claim for reasonable financial provision if they believe they have been inadequately provided for. However, unlike spouses or minor children, adult children must demonstrate that they have a legitimate financial need or dependency on the deceased to successfully claim under this law.
What is the eligibility of adult children to bring a claim Under the 1975 Act?
An adult child may bring a claim if they are dissatisfied with the provisions made in the will or if they are excluded altogether. The key factor for adult children under the 1975 Act is whether the provision made (if any) was reasonable given their financial circumstances and relationship with the deceased.
The court will consider several factors when determining if an adult child is entitled to financial provision, including:

• The financial needs and resources of the adult child
• The size and nature of the estate
• The obligations and responsibilities of the deceased towards the adult child
• Any physical or mental disabilities of the adult child, which may increase the likelihood of financial dependency.
• The conduct of the adult child, particularly if there has been a family estrangement, as well as the deceased’s intentions, as expressed in the will or other documentation.

While adult children are not automatically considered “dependants,” they may still argue for a reasonable share of the estate if they can demonstrate financial hardship or other extenuating circumstances. What Constitutes “Reasonable Financial Provision”? For adult children, the law requires any financial provision to be reasonable for their maintenance. Courts interpret “maintenance” to mean the provision of funds necessary for living expenses rather than lifestyle preservation or luxury. Adult children must generally prove that they are in need of financial support to maintain a reasonable standard of living. The Ilott v. The Blue Cross (2017) case provided an important precedent. In this case, Heather Ilott, an estranged adult daughter, was left out of her mother’s will, which left her estate to various charities. Despite the estrangement, Ilott successfully challenged the will under the 1975 Act, receiving a modest sum to provide for her basic living needs. The case highlighted the court’s willingness to provide for adult children in cases of financial hardship, even if the deceased’s express wishes excluded them from the estate.

I see we have a pile on of people who don't know the law and insist that you cannot contest your mother's will.

@impossibletocontest - You may have a claim under the Inheritance (Provision for Family and Dependents) Act assuming you are in England or Wales. This allows you to make a claim against your mother's estate if she has not made reasonable financial provision for you. In general, a claim by an adult child who is not dependent on the deceased parent will fail. However, where the child is in serious financial difficulties and living on benefits, as you are, the courts may award something. This was established in the case of Ilott vs The Blue Cross and others.

You don't need to do anything at the moment, but you need to make your claim within 6 months of probate being granted. You may be able to find a solicitor who will take on your case on a no win, no fee basis.

Sorry but could everyone who has not passed solicitors finals or the bar exams or ILEX stop posting.

This lady needs proper legal advice and really the best thing she could do is ring a probate lawyer for a free 30 min consultation.

Oh yeh she sounds so grabby, giving up her own childhood to a cruel abuser who now wants to turn the knife one last time

get over yourself and have some empathy

Honestly, despite being a 'militant' athiest, in your case I hope that there is a hell and your mum goes straight there after she dies. She was a horrible mother who made you undertake the role of carer for her and your brother and she is ableist towards her own grandchild.

Posters with a legal background have provided information about cases where an adult child with disabilities was able to contest a will that disinherited them. It might be worth consulting a solicitor about your situation.

A friend of mine won on these terms. Her mum died leaving her estate to her son who has no children. My friend is a single parent of 4. She won a sizeable amount on these grounds

For the record on that basis I can continue to post as I have at least passed those exams ( back in the day 1990)

However I am not a probate lawyer, I don’t currently practice due to having a disabled child and would advise the lady to get some proper probate legal advice that should be free. Also there are other agencies eg Advocate and charities. Not sure if the Law Society might help.

There is some recent case law that might provide a precedent - Howe Vs Howe is the case I would look towards for the OP.

I would just be quite cautious - you can see from that case that the daughter was awarded much less than she asked for - and there is a risk of legal costs escalating.

But by all means, she should have a detailed conversation with a good firm. I think 30m free consultations are worth as much as you pay for them personally but I am a lawyer so I would say that, perhaps.

Can she access any free advice via charities or advocacy services?

I've been through a very similar situation regarding inheritance recently. This is what the solicitor told me.

Also look out for no win no fee basis- probate lawyers might take it on as and when your mother dies. However I suspect you would need a strong case .

There are strict time limits from date of death as others have said. So do note those.

How has she managed to amass such wealth if she was an alcoholic dependent of the help of her children to survive?

If your mum is of sound mind and has another been coerced by brother it's up to her who she leaves her estate to .I understand that's hard and especially unfair give you and your siblings different circumstances but I don't think you have any legal grounds to contest the will and it will cost you a fortune to try . How's your relationship with brother ,would be not be willing to share anything he gets even put something in trust for your child ?

Honestly, no. Whether or not to pursue this claim is a complicated call that should be made by a qualified solicitor with all of the facts.

All free advice will tell her is what has been said on this thread - that she doesn't have any of the usual grounds for a claim but some recent case law might offer her a chance. A proper assessment of her chances would require a proper consultation. Personally I think purely based on what she has said here, she would be unlikely to get a firm to take it on no win no fee basis but there's no harm in trying.

Were you in serious financial difficulties and dependent, or largely dependent, on benefits? If not, your situation was not the same as OP and you did not have a claim under the Inheritance Act. If you were in financial difficulties I would question whether the advice you were given was correct.