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Contesting a will....

9 replies

peppermintpat · 28/05/2021 19:35

Has anyone ever tried to do this either successfully or not?

Apologies for long yet still abridged post....!

My father passed not long ago and it has been a long running 'joke' (I suspect otherwise) that he has a mirror will and his wife (not my mother) will get everything. My father in his naivety has trusted this woman to leave me an amount probably upon her death and not before as she will say any money of his is 'in the house'. I do not like this woman who has been married to my father for 23 years and the feeling is certainly mutual. She has never had children and tells everyone how her nephews and nieces are going to do very well when she goes.

She recently inherited £250k (her mother) and lives in a house jointly owned with my father worth approximately £400k. They both have and had, good pensions as people who were in jobs for life tended to do.

If I get left (rumoured) £20k does anyone think it would be worth pursuing through the courts for more? If she decides not to give me a penny, do I go to court. If she was a nice person who hadn't treated my like crap for 25+ years then I wouldn't bother but when it comes to money she has an illness. She will not want me to have a penny and my father could not see the tension between us and I believe was probably coerced as to what and how the will was written.

Thank you for bearing with me, all replies appreciated.

OP posts:
HilaryBriss · 28/05/2021 21:57

She doesn't have to leave you a penny unfortunately and I seriously doubt that you can contest this.

What did your father's will say, why didn't he leave you any money? The house might go to his wife, depending on how it was owned, but did he have any money to leave?

notapizzaeater · 28/05/2021 22:00

The rules are different for England and Scotland - where are you ?

peppermintpat · 29/05/2021 10:00

England

I believe any money he thought he had is in the bricks and mortar of the house and not physical cash. A few years back my DF said don't forget you've got some money in this house but if that's now HER house and she decides not to leave me anything (definitely) then I'm screwed.

OP posts:
PennyRoyal · 29/05/2021 10:03

I'm afraid you're screwed if she decides to leave it to anyone but you. It's her house/money to do with what she wants. Unless you father stipulated in his will that a proportion of his half of the house was yours (but she could live there until she died).
This is why it's so important for blended families to sort their affairs correctly and formally and not rely on the 'goodwill' or trust if anyone.

NoSquirrels · 29/05/2021 10:36

If your father left it all to her in his will, then you’ll only get something if she leaves any money to you. There’s nothing to ‘contest’ about your father’s will - if you’re an adult not a dependent on him, and he’s an adult, he can leave his assets to whoever he likes i.e. his wife. And when she does she can leave hers to whoever she likes. And as she doesn’t like you...

I’m sorry, it’s shit. But hugely common, I’m afraid.

OrangePowder · 29/05/2021 10:43

If your father chose that she should have it, unless you were financially dependent on him, you won't gain anything by appealing.

However mirror wills don't necessarily mean you get nothing. Assuming it doesn't get changed, if his said it would go to you if she predeceased him, so will hers.

I.e. my will says everything to DH if I die first and vice versa but they both say everything to DC for whoever goes second. Of course whoever does go second can change that.

LindaEllen · 29/05/2021 10:52

She doesn't have to leave you anything. The responsibility was on your dad to make sure you were named in his will.

ThisIsStartingToBoreMe · 29/05/2021 11:13

You have to have grounds to contest a will you can't contest it just because you didn't get anything it's horrid I know but your father could have made provision for you and didn't .

Hoppinggreen · 31/05/2021 21:22

It’s a it shit and unfair but from what you have said there don’t seem to be any grounds to contest the will.
If your father wanted you to have something he should have left it to you in his will.

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