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have question about inhertance.

2 replies

drloves8 · 10/05/2010 10:54

Hi just wondered if anyone can help with this.Brief history first.
Mum and dad were married, mum came from wealthy family , i and my 3 siblings had money put aside for uni . Dad left - took all the money from our funds and left mum almost peniless.We had to sell the horse ,and the house was reposesed.
Dad did not pay maintence or allowance for mum that the court said he should.
By this time mums money had been wasted and dad had a very well paying job.He went on to own serveral businesses and is now wealthy in his own right.He repeated this with my first stepmother(less than mum btw) ,she had to give him £28k to get him out of her house.(,owned out right before they married). He owns a very large house in the country.
I had a sporadic contact with my dad growing up, he wouldnt see us for years then sudddenly appear and lavish us with gifts.
He refused to attend my first wedding.
Then suddenly about 9 years ago he disapeared. all contact with the entire family stopped, (even my grandmother).
One day he phoned gran and told her he had married a oriental lady.
Fast forward 6 years - still hasnt contacted me or my siblings , and even tried to ban me from my grandmothers funeral, has told my uncles lies about me and i dont even think hes told his wife he has 5 kids and grandchildren.
Now ive heard he is very ill , and might pass away. FIRSTLY i do not want my dad to die.Regardless of how he`s behaved he still my father.
But if it happens , would i be able to contest his will , as i feel that his wife who he has only known for a few years should not inherate the estate he has , that was built up using money he initially gained from my mother and stolen from us(me and siblings),and later stepmum. Would i have any right to do this ? or will his thai bride (who doesnt work btw) get everything.

OP posts:
prh47bridge · 10/05/2010 12:38

In general the courts are reluctant to overturn a properly executed will.

You can contest his will if you do not receive "reasonable financial provision". The fact that you are an adult, not financially dependent on him and have had limited contact with him reduce your chances of success. I am not saying definitively that you wouldn't succeed, though, as there may be other relevant factors.

You can also contest the validity of the will if, for example, you can show that your father didn't understand what he was doing when he made the will or that he made the will under duress. However, this is unlikely to succeed if the will was drawn up by solicitors as the courts will presume that your father was fully aware of its contents and in agreement with them.

If you find yourself in this situation you should take proper legal advice. A solicitor will be able to tell you if you have any realistic chance of success.

drloves8 · 10/05/2010 15:56

thank you prh47bridge.
Unfortunatly my father is always very aware of what he is doing.I believe everything he does is planned.He has a very good lawyer (well he can afford it) so no doubt would probably be pointless trying to get anything overturned.
I suspect he only married wife #3 as a way of avoiding us recieving anything from his estate.
Its morally wrong , it would have been nice to have been able to return some money to my mother ,for her old age(she has nothing).
But instead it looks like wife #3 will benefit.

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