Is it worth contesting a will?

[SoftRalph]

I really don't know what to do here.

A relative died recently without updating his will. He had spoken extensively to friends, family and his solicitor about updating it, changing executors and other wishes. He was waiting for his late wife's estate to be settled before changing everything, but became ill very quickly and died without doing so. This means that everything goes to the charities listed in his will from 11 years ago.

Am I clutching at straws to think this could be contested? Is it even worth trying?

It would cost you a lot of money to do so. Best advice is to speak to the solicitor he dealt with if possible b

It is usually very difficult and very expensive and many charities are notably litigious and will fight to the end (and have the funds to litigate). To be fair, the trustees of the charity have a legal obligation to do what is financially best for the charity even if their actions seem to be what a layperson would call uncharitable!

There are exceptions to the ‘very difficult’ rule - a spouse can often easily challenge a will that disinherits them and the same goes for a minor child if the deceased.

Obviously I don’t know the full facts - it might be worth you talking to a specialist lawyer. It is likely to cost you - this isn’t an area of law that tends to offer a free half hour - but they should be able to quote for the first meeting in advance.

Not a legal eagle but in the case you describe assuming no other proof, like maybe a letter saying "I am going to change my will in your favour tomorrow" and then dying that night, the usual reason for contesting under these circumstances requires three things to be reasonably provable.
1 Promise. That the testator made a definite statement that the contestor would benefit
2 Reliance. That the contestor relied on the promise
3 Detriment. That the contestor has lost out because the will did not benefit them.

The case I recall was a bloke who had taken over management of the farm from his parents on the understanding that they would leave the farm to him(promise). He had given up his job and moved to the farm, drawing only subsistence wage.(reliance). They left the farm to a charity causing him to lose the business and his home(detriment)

You can also contest on the basis that they have supported you in some way before they died.

I think its worth getting proper advice but not holding your breath.

yes, in the case that I recall, the charity publicly apologised to the bloke but said that according to their obligations, there was no way that they could not go to court.

His solicitor that dealt with both estates said that was that, basically. Nothing was changed so they have to do as the will read and there's nothing we can do about it. People seem incredulous that I'm not at least trying to do something though, but I'm utterly lost. I have never had to deal with a family death, and especially not something on this scale.

Has a charity the ability to say no? I know that sounds crazy, but the lead charity (50/25/25 split) is very small and run by good friends of his who knew of his most recent wishes. The trustees of the small charity do not yet seem to know they are about to get a very large sum of money.

Where did he want his cash to go if not the charities?

I wouldnt contest this his will was valid. Not making a new one doesnt invalidate the old one.

lead charity by good friends of his? Do you mean they would choose to support his wishes/ you over getting money for the charity ?

I bet they don’t

No. In fact, the charity trustees could be personally sued or even criminally prosecuted if they didn’t make all possible efforts to get the money.

You may want to check with another solicitor if you have a case against the first one. If your relative was in ill health and the solicitor dawdled (and waiting for his wife’s estate to be settled doesn’t make sense - he just needed to leave a residuary beneficiary who got anything in the estate not given to anyone else), it might be arguable there was negligence.

Deleted - double posted.

There’s no chance that you’ll have any money left if you contest a will where charities are the beneficiaries. I wish people knew the reality of leaving money to charities - if you leave 10% of your estate value they’ll challenge properties being sold below asking for example. Leave a lump sum if you must but honestly, I’ll donate when I’m alive and let my family inherit.

in terms of of the small charity - their trustees could technically refuse it (although doubt they will) but if you’re not named as a beneficiary I suspect it would pass back to the other charities.

Charities can’t say no, and anyway, they are notoriously aggressive at ensuring they get their share. I don’t think you’ve got a chance, sorry.

So definitely grasping then! Oh well. Thanks for all the advice, I shall make my peace with it and move on.

The only possibility may be if the relative was your father. But that, on it's own, isn't enough.

You would also have to either be facing financial hardship and/or have some sort of life-limiting illness or disability if you were to be successful.

If the deceased family member has a child that fits that description then they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 which gives adult children the right to apply for financial provision from a parent’s estate.

This is different from contesting a will.

I don't think so. Charities are legally required to act in the best interests of the charity. Also respectfully why would they say no? As I mentioned you have no objective proof that he was planning to change his will.

Very difficult to contest really these days. Usual things apply, undue pressure , not being in sound mind. Changing their mind and just not getting around to it wouldn't be a reason to contest I would have thought . The charities will argue that if he felt strongly about it he would have prioritised it .. or he have just promised family to change it for support in later life but had no real intention to change it . Maybe if thr estate is very very large it might be worth a try but get the very best legal advise you can afford