Contesting A Will

[hunterandthehunted]

hello,

 

I was wondering if somebody could advice and clarify on this subject as i am hearing different things surrounding this.

 

My mother has recently deceased and excluded me out of her will as expected as i was unwanted and mentally abused as a child, i was placed into care at the age of 12 and developed life long mental health issues for which i take medication and am under the care of my local mental health team who i visit on a regular basis.

 

I have had limited contact with my mother and the last time we conversed was 12 years ago.

 

It has came to my attention that i may be able to challenge the will under the Inheritance (provision for family and dependants) act 1975 and can submit a caveat to prevent my sister from gaining probate for 6 months.

 

i hope someone can advice further as this could be very expensive for me and i dont want to waste my time and money if i dont have a reasonable chance of success.

 

i have already been quoted £250 + vat by a solicitor just for initial consultation.

 

thanks in advance for any input

 

 

[hunterandthehunted]

i forgot to mention that i am unable to work and was medically retired due to mental health and am reliant on the benefit system

whereas my sister is financially comfortable 

[Ethel Street]

Putting in a caveat and making a claim under the 1975 Act are separate things although both can be done.

 

You have correctly identified that the 1975 Act is the law which might help you. The courts can order that you receive part of the Estate even if you have been excluded in the Will.

 

But the law is very complex and even lawyers would refer you to a specialist solicitor. Putting in a caveat is cheap but bringing an action under the 1975 Act is not.

 

To be frank I haven't the first idea whether you could succeed with a 1975 Act claim and can only advise that you consult a specialist probate lawyer.

[hunterandthehunted]

thanks Ethel,

i was thinking if i submit a caveat for £3 that this will prevent my sister getting the estate released to her for 6 months

which would give me adequate time to explore my options.... is my understanding correct?

[Ethel Street]

It will stop her getting probate, that's my understanding.

 

But I am not a lawyer or a probate expert so I am reluctant to comment on whether putting in a caveat will achieve what you want.

 

 

[Santorini]

First, I am really sorry for what you have gone, and are going, through and hope it gets resolved.

This makes for interesting reading and a case history.

Contesting a will: What are my options if I'm left out? | HD

WWW.HARRISON-DRURY.COM

---

Ed Stanley, an expert in contentious wills and probate at Harrison Drury, looks at the lessons learned from contesting a will using the Ilot vs Mitson case.

I don't know how you get on, or could get on,  with your sister. But there is another option if there is absolute trust between you. You can let her obtain probate, she inherits and then makes a Deed of Variation on your mother's will and this lets you inherit, free of IHT, if any has been paid already. Could be a win-win as anything else will be costly in both time and money for both of you.

 

Edited January 9, 2023 by Santorini

[slick132]

Hi Hunter,

 

I'm NOT legally qualified at all but have dealt recently with a a contested Will and a Caveat.

 

We need to know if your sister may be willing to cooperate (as Santorini suggests above with a Deed of Variation) or if she would oppose an attempt by you to claim anything.

 

The Caveat is something to be done quickly to stop Probate being granted.

 

Even if you lodge a Caveat to delay Probate, the legal costs in challenging the Will may be prohibitive. Ring around and see if a Will and Probate specialist would give you a free 30 min consultation.

[hunterandthehunted]

Hi all and thanks your comments,

 

no she is not willing to negotiate and i have lodged a caveat to buy seem time.

 

at the minute she is unaware of this and her views may change when she finds out.

 

if she is not interested then i will have to look for a no win no fee solicitor to present my case. 

[slick132]

Have you had sight of the Will.

 

Or do you know (or assume) what it says about your exclusion from inheriting.

[hunterandthehunted]

she told me 6 months or so ago in conversation that she was the sole beneficiary.

i pretty much knew that already as i was unwanted and my parents put me into care when i was 12.

i used to have limited contact with my parents thereafter and only did because of my children but eventually

they made it clear that they wanted nothing to do with them either.

there has been zero contact for the past 12 years. 

[Santorini]

@hunterandthehuntedSome other thoughts. Do you know the size of the estate, whether there will be inheritance tax payable?
Here is a guide and the challenges to claiming under the Inheritance Act.
https://www.brethertons.co.uk/site/blog/claiming-under-the-inheritance-act-1975

My understanding is that the Conditional Fee Agreement (No Win, No Fee) are in claims for compensation (personal injury, employment, medical negligence) where the solicitor is paid up to 25% of the compensation if successful. I don't think it is for any legal case.

[hunterandthehunted]

the estate is valued at approx £300,000.

 

i looked at the link you provided and have made an inquiry with them.

 

thanks

[Santorini]

So under the IHT threshold.

 

Let's hope they can give you a free consultation to see whether they think you have a case. Do keep us updated.

[hunterandthehunted]

hi,

i have already contacted several specialists in this field and all are willing to make a claim under the inheritance act 1975

given my multiple mental health problems and they also inform me that my physical problems will also come into play.

my income is limited and i am reliant on benefits and a partial company pension i was medically retired through poor health.

i have seen medical experts throughout the last 20 years and have reports stating all my conditions and confirms they stem

from childhood. 

from what i have read from the link you provided i have good grounds to challenge and i am certain who ever ends up representing

me wont wast their time doing so if they are not able to secure some sort of payout.

If they they take a large chunk of any successful claim then so be it. this is the only option available it seems.

 

[Santorini]

Sounds positive. 

You have children I gather, her grandchildren. Does your sister have children?
 

It might be worth thinking about what would be “reasonable financial provision” for you. If the caveat makes your sister decide to negotiate and/or what you might ask the court, if it went that far.

[hunterandthehunted]

yes i have children and she wasn't interested in them either just my sisters .

 

i dont know what to make of this caveat although i see she can appeal that and i have 14 days to respond.

i am trying to delay appointing a solicitor just in case she decides to negotiate as you pointed out.

 

she is in the dark that i submitted a caveat and i am hoping that she doesnt get wind of that until our

mother has been laid to rest.

 

Edited January 11, 2023 by hunterandthehunted
typo

[Santorini]

Will you both be going to the funeral? 

[hunterandthehunted]

yes but as an outcast i will just sit at the back

[Santorini]

Such a shame. Be very wary of talking about any issues at all with any of the family on the day. Emotions run very high at funerals.
Keep us updated as things progress.