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 .

She appears to have grounds to make an Inheritance Act claim.

Why are people who clearly don't know the law so determined to contradict the lawyers on this thread?

No idea really don't get it!

So a person of sound mind can make a will leaving their money to whoever they choose, but once they die, a child that they haven't had contact with for 20 years can challenge a will on the grounds that they were not left with reasonable financial provision, even though the dead person specifically left their money to someone else??

This post Covid behaviour of I know how to use Google therefore your law degree and 10 years of experience count for shit is prevalent at the moment
At least this is only with a legal matter. I see it a lot with medical life and death matters where people think they’ve got more knowledge than the surgeons literal brain surgeons sometimes.

If she was/is of sound mind, she's got a history of mh illness, we don't know if there is even a valid will.

Simple it is because this thread started out life in AIBU. It has it fair share .of people who are judgemental, self righteous and love to argue, about things they know little about.

Would it be worth having a conversation with your mother and or brother and asking them to take into consideration the responsibilities you had as a young child when your mother had great need for your assistance.
From the sounds of them it seems unlikely that either or both would be inclined to ‘pay’ you for your lost childhood as a carer to your mother when she was an alcoholic. However, it might be worth a try to appeal to their better nature, if you could bear to.

@thepariscrimefiles I did also write that I had spoken to three solicitors about the specifics of my Mothers will. One was a friend and one gave me 30 free minutes plus the one who had drawn up the will.

Have you read the thread…any of the expert advice provided by lawyers, on this thread, posted in LEGAL.

Guess what, their professional advice differs from yours.

A nursing home will soon eat this up when she's means tested. My mother lived till 91. How old will you and your child be then @impossibletocontest

OP, sorry you’re having to deal with this. The law in England on inheritance is an absolute cunt and it needs changing to give all children equal shares in an estate regardless of circumstances.

I’m surprised more women aren’t up in arms about it because it exists as it is so that estates could be given to boys, and only boys. It stinks to high heaven. France has it right, but then France did away with its aristocracy.

FWIW, I think you have grounds to contest, based on the research I’ve done due to toxic personal family circs.

Might I suggest that no lawyers or people who think that they have had advice from lawyers ( unless the circumstances were directly the same in all circumstances it’s not relevant) step back and let only the probate solicitors advise.

I was a solicitor for 10 plus years, we all studied probate as part of our qualifications but these experts ( and some had commented) can advise eg will a firm take it on as no win no fee.
Also you might be able to use legal expenses under household insurance etc there are various funding streams.

Some of the advice given has been thrown onto there with no legal training.

I would defer to anyone in the field. Other people are confusing you. I did RTA PI claims myself and very high value injuries etc

Right, it sounds like dealing with your trauma may be a better way forward. It isn’t fair and it isn’t right, but sometimes in life it’s better to choose your battles. She’s always told you she won’t be leaving you anything, even if that does feel wrong, it would be incredibly difficult on those grounds to contest any will. Unfortunately you can’t make people leave you something.

Potentially. Not does. There’s a big difference. .

Just to add to the above mentioned cases, there are also:

Re H (Deceased) [2020] EWHC 1134 (Fam)

In the case of "H Deceased", his entire estate, worth £554k, was left to his spouse who was then in a care home. The son was the executor.

The 50 year old daughter had a complex psychiatric disorder, considerable financial problems and she lived in substandard rented accommodation with two young children. She was awarded £139k.

.

Then, in the case of Rochford v Rochford in the Peterborough County Court in 2021, the father had mostly disinherited his only daughter. Out of an estate worth £245k he only left £25k to his daughter and everything else to his sister (the daughter's aunt).

The daughter had a severe degenerative disease which prevented her from working. She was awarded a further £85k and also costs against her aunt. The costs are likely as much as the award that was made. These articles from the barrister that represented the daughter:

https://newsquarechambers.co.uk/a-successful-claim-by-an-adult-child-under-the-1975-act/

and another article on the case:

https://todayswillsandprobate.co.uk/a-stark-warning-on-costs-in-contentious-probate-matters/

Yes this is certainly looked at on a case by case basis. Which is why it’s so odd that some non solicitors assert so confidently that there is not a claim 🙄.

Yes. However, most claims fail. The reason for this is that financial need, by itself, is not enough to succeed in a claim. There must be some extra factors involved.

But there are certain situations (as has been pointed out upthread), where the courts have said that in those particular circumstances then an adult child is allowed to make a claim and it stands a reasonable chance of succeeding.

These often involve an element of ill-health or disability.

Respectfully, these aren't valid grounds in which to contest your mother's Will..she can leave her estate to whoever she wishes. You're on benefits to top up your part time earnings and I would take a guess that you claim disability benefits and carer benefits which as far as the law is concerned you're getting what you're entitled to in order to support yourself and your child. With a mother like yours I really wouldn't want anything from her if you have to fight that much for it, it's not worth the hassle

How old are you Op?
You went to university I assume in the 90s?
Why have you not bought your own home and developed yourself before you had your child?

I don’t believe that that is grounds to contest a will in England.

"Respectfully, these aren't valid grounds in which to contest your mother's Will"

Respectfully, if you had bothered to RTFT you will have seen that these are indeed grounds for @impossibletocontest to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Although, strictly speaking, you are correct that she would not want to contest the will itself, but bring a claim under the 1975 Act instead.

No, but it is indeed grounds to bring a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975.

Wow, that's an incredibly nasty and demeaning post. Are you this judgemental in real life as well?

How can you contest her wishes. Shes still alive and you've made it clear that she frequently says doesn't want you to inherit from her. It is her choice and there is clearly a reason why she has made this decision. Id say you wouldn't have a leg to stand on if you tried to contest the will. She isnt even dead yet so you might have to wait a while yet!

I believe there have been cases where a non-dependent adult child has successfully made a claim against the estate under the provisions for family and dependents. I believe in those cases the adult children had health issues. You have to start a claim within 6 months of probate being granted and absolutely will need to place a caveat. I think the family history of you caring for your mother when you were a child might well be relevant. You need proper legal advice, though.

Walk away. Your mother sounds cruel, if your brother has told you this reason for not letting you know when mother is admitted to hospital he is deliberately adding more poison. It sounds like he is gloating.

If your brother was a reasonable person he could tell you that he wants to follow Mums wishes however nasty they are - but he will try to persuade Mum to think of her grandchild.

As a previous poster said, a bulk may be taken with care home fees.

But don’t get involved. I am angry on your behalf that your mother has pushed you away. The law is not about righting wrongs.