Contesting a Will

[WackyRacer]

My mum and dad have written a Will, completely leaving out one of my brothers who they haven't spoken to for years

Someone has told them that children are always automatically entitled to a share of their parents estate when they die and it's got them really worried. They really are adamant that he's not to get anything

Surely they've been told wrong? I thought that was the idea of writing a Will in the first place - to make sure everything goes to who you want it to (or in this case who they don't!)

Does anyone know where they stand on this?

Children only automatically get a share of the estate when there is no will. If your parents do not want your brother to be a beneficiary they can leave him out of the will. Your parents should discuss this with a solicitor in order that their intentions are clearly set out and your brother will not be able to successfully challenge the will after their deaths. NB if you are in Scotland, Scots law is different!

Some people find it helpful to leave a letter explaining their wills. That way, there can be no doubt that they intended what was included in the will. The letter is kept with the will and can be read in case of any potential challenge.

Assuming your brother has left home, is over 18, and isn't supported by them? if that's the case then under English law they can leave their estate to whoever they want. If they have assets abroad then different rules may apply.

If there's a chance of their wills being contested it's worth getting some sort of evidence that they have capacity (bluntly, still have all their marbles). Whether just paying a visit to their GP so it's there on their notes, or getting a more formal report(which they'll have to pay for) for their solicitor to put on their file. If they don't want to do that, then at the least mention to the solicitor drafting the will that there may be an issue so that he/she can put a note on the file that they seemed to have capacity. Execute the will in the solicitors' office so it is witnessed by staff there who can add a note to the file - rather than just neighbours or friends who may move on and be hard to contact in the future.

Thanks for your replies

We are all adults so no issue there, no assets abroad either and we are in England

Sounds like they should be OK then. The Will was written a few years ago, they did tell the solicitor at the time that they were leaving one son out but I don't know if he made a note of this. I would have thought that if it was a potential problem the solicitor would have said so but it might be worth them contacting him to put their minds at rest

Thanks again