View Full Version : Challenge of a Will
I would challenge a recent Will if it can be established that I have such a right in Law. I would be grateful if members would express their views.
I don't know how we can have views on this? There are laws as to what you can and can't do and that's that.
Here's some info on contesting a will after probate:
http://www.willclaim.com/pt-services/contesting-a-will-after-probate/
Mary from Italy
12-03-17, 17:50
If you're referring to your brother-in-law's will, I don't think you'd be legally entitled to challenge it on behalf of his next of kin, if that's what you have in mind.
I don't know how we can have views on this? There are laws as to what you can and can't do and that's that.
Here's some info on contesting a will after probate:
http://www.willclaim.com/pt-services/contesting-a-will-after-probate/
Merry. I have concluded that there are no grounds upon which to contest the Will of my brother-in-law upon perusal of your posted information. I had suspected a form of racial discrimination but that is not provable.
My brother-in-law made a Will but I am not allowed to print a copy of it. I want my younger sister to see it.
You can apply to the probate office for one. Wills are public documents.
https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
You can apply to the probate office for one. Wills are public documents.
https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
Thanks. I have already been sent a copy of the Will and am able to print it.
Olde Crone
15-03-17, 12:31
....and today the Supreme Court has confirmed that anyone may leave anything to anyone in their will, nor do they have to justify that action.
OC
....and today the Supreme Court has confirmed that anyone may leave anything to anyone in their will, nor do they have to justify that action.
OC
I think that's good. You should be able to bequeath your wealth and property to whomever you like, so long as it's not under duress or the result of fraudulent activity.
Olde Crone
15-03-17, 13:05
James
Yes indeed, otherwise what is the point of writing a will.
OC
I think the woman had been ill-advised before filing her case with the Court.
Whoops! The appeal against an earlier ruling had been filed by the powerful charity involved.
maggie_4_7
15-03-17, 18:17
....and today the Supreme Court has confirmed that anyone may leave anything to anyone in their will, nor do they have to justify that action.
OC
I think that's good. You should be able to bequeath your wealth and property to whomever you like, so long as it's not under duress or the result of fraudulent activity.
James
Yes indeed, otherwise what is the point of writing a will.
OC
Completely agree, no one is entitled to anything unless someone wants them to have it, it is a bequeath, not blood nor marriage should entitle anyone in my opinion which is why one should make a will.
Of course as James said unless it is fraudulent or suspicious which is another thing entirely.
Completely agree, no one is entitled to anything unless someone wants them to have it, it is a bequeath, not blood nor marriage should entitle anyone in my opinion which is why one should make a will.
Of course as James said unless it is fraudulent or suspicious which is another thing entirely.
If everybody were to make a Will then the British Treasury would suffer great losses would they not?
kiterunner
16-03-17, 18:45
I don't understand why this was being reported on the news as confirming that people can leave what they like to whoever they like, since what actually happened was that the mother left her adult daughter nothing at all, the daughter contested the will and was awarded £50,000 on the grounds that it was unfair for her mother to leave her nothing, she appealed that asking for more and was awarded more, and the supreme court only overturned the outcome of that appeal, but she still gets the £50,000 which her mother didn't leave her in the will. So, surely, it actually shows that you do have to leave money to your children, even if they are adults?
I hadn't realised, until I read about this case, that people could be classed as dependents when over 18 (Inheritance (Provision for Family and Dependants) Act 1975)
Personally, I don't think the daughter should have been given anything if that was the wish of her mother (but clearly that act says otherwise). The only way round it would seem to be to give your money away to whoever you want before you die, or spend it. Obviously that isn't always practical though.
The final ruling is the latest. All Court Rulings are called Held.. The latest ruling holds that the mother had not been obliged and/or had no duty to leave her daughter anything if that had been her last wish as published in her last Will.
I feel sure that Wills have been contested many times and that the contestants had sometimes won their cases. However, I am not sure at all that the Judges involved with the latest Ruling had taken previous Rulings into account as they must do by Law.
Olde Crone
16-03-17, 19:45
I had not realised that she was still entitled to the original 50k!
I think this is a very odd ruling then. I know of at least two people who are not leaving anything to one of their children because one is an alcoholic, the other a drug addict.
OC
I had not realised that she was still entitled to the original 50k!
I think this is a very odd ruling then. I know of at least two people who are not leaving anything to one of their children because one is an alcoholic, the other a drug addict.
OC
I can say without fear of contradiction that if I had a million quid then I would leave nothing to a child of mine nor anybody else who is into drug addition or alcoholism.
Olde Crone
16-03-17, 20:25
But according to this ruling, that adult child could challenge the will! Especially as the drug addicted one has been endlessly bailed out of one sort of trouble or another.
OC
Any Will can be constructed in clarified form so as to prevent assets being used in ways that the Will-maker would not wish to finance either directly or indirectly. I think that a drug addict would experience serious problems when trying to get a Judge to alter the content of a Will.
Uncle John
17-03-17, 10:10
This case demonstrates the need for absolute clarity in drafting a will and getting it witnessed correctly. The lower court need not have awarded the daughter anything at all so she should be grateful for small mercies. There have been several cases on Heir Hunters where a will wasn't drawn correctly or the sole beneficiary has predeceased the testator.
We should be grateful that we don't operate under French law, where every known relative gets a slice of the pie.
Chris in Sussex
18-03-17, 03:04
Doesn't this case suggest that the old way of naming a person in a will and giving them 'a shilling' would acknowledge that they were not forgotten and therefore all the bequests were what the Testator wanted to happen to their estate?
Chris
If a person makes and signs a last Will and testament that contains any combination of words indicative of the person concerned being vindictive or malicious then could he or she then be regarded as not being of sound mind? In other words, if it were to be shown to a High Court Judge or Judges that the maker of a Will had published a combination of words indicative of malice afore-thought then would the Court be justified by expressing a view that the document in question had been made by a person of unsound mind?
Olde Crone
18-03-17, 18:21
If a will is drawn up by a solicitor, they usually take pains to assure themselves that the person knows what they are doing. You can be as malicious as you like as long as you appear to be sane.
I was executor for someone who left everything to an apparent stranger. The stranger was very dodgy and the police were interested. I was able to assure them that my friend knew what she was doing and that no pressure had been brought to bear. I was also able to produce a copy of the letter from the solicitor who had drawn up her will, which basically set out her reasons for doing such an apparently odd thing.
OC
If a will is drawn up by a solicitor, they usually take pains to assure themselves that the person knows what they are doing. You can be as malicious as you like as long as you appear to be sane.
I was executor for someone who left everything to an apparent stranger. The stranger was very dodgy and the police were interested. I was able to assure them that my friend knew what she was doing and that no pressure had been brought to bear. I was also able to produce a copy of the letter from the solicitor who had drawn up her will, which basically set out her reasons for doing such an apparently odd thing.
OC
How odd!!!!!!!!!!!!
Olde Crone
18-03-17, 18:57
Ah, but not at all odd if you knew the background, as I did and as the solicitor did.
I have several spiteful wills in my family. I call them the " having the last word" wills, where a long held grudge is finally aired. My favourite is my umpty great grandmother leaving everyone loads of money except for the flighty daughter, mother of three illegitimate children by three different fathers:
" and to my daughter Mary I leave my bed and mattress as she hath good use for it"
OC
Ah, but not at all odd if you knew the background, as I did and as the solicitor did.
I have several spiteful wills in my family. I call them the " having the last word" wills, where a long held grudge is finally aired. My favourite is my umpty great grandmother leaving everyone loads of money except for the flighty daughter, mother of three illegitimate children by three different fathers:
" and to my daughter Mary I leave my bed and mattress as she hath good use for it"
OC
Yes. That Will was spiteful and contained malicious content.
kiterunner
18-03-17, 21:28
I don't see why being vindictive or malicious would be an indication that someone was not of sound mind?
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