Can this Will be contested

[lardypants]

long ish story

 

grandfather remarried, v happy were together ages they both had same will if they die money left to other partner etc if after one partner dies the other dies within 30 days the estate is to be split between her 3 children and his 3 children.

 

 

well she died 12 years ago, 6 years ago he decided to remake a will as his deseased wifes children made no effort atal to contact him or play a role in his life, so he left the estate to his 3 children, but did leave 5 grand to one of the children and 3 grand to the other two so atleast hes given them something.

 

now he died few weeks back, low and behold they are all popping out of the woodwork one had even requested copy of the will, now they are saying they are going to contest the will put a cveat on the house and kicked off about letting him be burried in his wifes grave, how cruel and twisted is that!!

 

anyway we know they cannot do that bit and funeral for him to be burried in his wifes grave will go ahead thankfully.

 

 

any thoughts and opinions on this?

[steampowered]

It is very difficult to contest a will. The main reasons for doing so are lack of capacity, or insufficient provision being made for financial dependents. His wife's children don't fall into those categories so it is difficult to see how they could contest the will.

[goodatresearch]

Its not only difficult to contest a Will its very expensive. They're probably bluffing to see if you'll cave in a give them some cash. Let them get on with it, its doubtful they'll get anywhere as I can see no grounds. At the end of the day, his widow left him everything and he was entitled to decide where is money went after his death.

[lardypants]

it looks like they are saying they are going to put a caveat on the will

 

can they do that? they do have a copy of the will

[BazzaS]

it looks like they are saying they are going to put a caveat on the will

 

can they do that? they do have a copy of the will

 

They can, and it can stop a grant of representation being given for up to 6 months.

 

However, if they can't claim an issue with who the grant of representation will be given to, or they can't actually challenge the will, it won't do them any good (beyond being a delaying tactic).

 

If you can "wait them out", then say "go ahead, get a caveat, but it won't change anything, and in 6 months you'll still have nothing extra, as all it will do is give you up to 6 months to challenge the will, which you won't succeed at.

I'll be happy for a court to rule on the will anytime between now and then".

 

Are they relying on you needing probate quickly, in which case it may be a bargaining tool by them for you to offer them something .....

 

You said before they might "put a cveat on the house" : do you mean a charge or claim on the Land Registry for the house, or a caveat on the will?, or a "caveat on the house".... I don't think they can "put a caveat on the house", only the whole of the will.

[lardypants]

not really my mother and one of her sisters dont mind if it even takes a year, the other is a money grabber and wants the money yesterday lol

[BazzaS]

not really my mother and one of her sisters dont mind if it even takes a year, the other is a money grabber and wants the money yesterday lol

 

Tell them that they can of course get a caveat.

Point out that they won't get any more, but with the caveat delaying the whole process, what they are entitled to will be delayed.

 

They can't both "hold up the process" and "want the money yesterday", even if they think they can..... and you can point this out to them....

[lardypants]

i know, to be honest i imagine what will happen is they will give in and allow them 50 percent of the estate, personally id fight and wait but my mums been in tears over it as the her money grabbing sister is being a right pain in the arse. the solicitor who was a executer has pulled out from being one too, so leaves my mums two sisters as executers, one of them is the money grabber

[steampowered]

If the executor does not follow her obligation to distribute the assets in accordance with the will then you should employ a solicitor to bring court action against her. In a clear-cut case it is likely that you will be able to recover legal costs from the money grabber.

[goodatresearch]

A caveat can be challenged by issuing a warning at the probate registry, there is no charge for this. They would then have to provide a document setting out their reasons they think the wills invalid, I think within 8 days. If they don't do so the caveat is removed.

 

If one of the executors is trying to get more than the Will stated for herself, then your mum or one of the other beneficiaries can issue a caveat objecting to her ad executor. This only costs £20.

 

Also note that if they issue an invalid caveat and this goes to court, they would have to pay all the costs.

 

As a matter of interest, what grounds do they say they have?

[lardypants]

Well looks like good news, mum has said Sod it let them try so she's just Gonna sit back and ride it out for as long as it takes.

 

6 months to contest which as you say will be very doubtful

 

 

The money grabber sister is gonna blow her stack haha

[goodatresearch]

If she hasn't issued a caveat then probate can continue without delay.

 

But if a caveat is is issued, only problem is is that after the 6 months is up they can go it again and issue another caveat. I'd be tempted to challenge it ad explained above. It isn't hard and costs nothing. Once she can't justify the caveat than it would be removed before the 6 months.

 

 

 

Well looks like good news, mum has said Sod it let them try so she's just Gonna sit back and ride it out for as long as it takes.

 

6 months to contest which as you say will be very doubtful

 

 

The money grabber sister is gonna blow her stack haha