Contesting a will

[ruggief]

Hi, I appreciate this is a complicated issue but if anyone could point me in the right direction it would be appreciated. My father has just died leaving a will in which he leaves half his estate to my brother and half to my daughter. This he has done out of pure spite as he wants my sons to hate their sister because she has the inheritance and they don't. Very complicated family issues behind the decision. He has written to me and left phone messages saying he has done this as he wants to rip my family apart. By googling it seems to say that I cannot contest this as the court will appoint a guardian to my daughter as she's under age and will do everything possible to protect her interests. The outcome I would like is for the money to come to me so that I can use it for the benefit of the whole family or that it be split 3 ways between my children equally. Can anyone advise a website or solicitor or generally any help in this even if it's to say no it can't be done. Much appreciated thank-you

[rowanwitch]

I think you will find he can leave his money to whoever he likes and for whatever reason Assuming he was of sound mind and the will was properly witnessed

[craft1948]

Upsetting as it may be, it was his money to leave to whoever he wanted.........

[factor-fiction]

Assuming it was properly drawn up and witnessed, I'm not sure you can do anything about the half left to your brother. Have you asked your daughter and your brother whether they would be happy to share out the money? If they won't then it could be difficult to override your father's wishes. Barmaid may see this and can advise whether there are any grounds for contesting it.

[EDDIE51]

Sorry but as said , as long as he was of sound mind he can leave his entire estate to next doors dog if he likes. It is his money after all.
He says he was trying to cause trouble and it has worked already.

[tamborine]

Its hugely expensive to contest a Will and if you lose you are charged with all costs. I dont think you would win & best to leave it to your daughter to share out of her goodwill.

[Kristal53]

your late father could'want' your sons to hate your daughter - does that mean this is going to happen? why should they hate their sister through no fault of hers. Set up a trust fund for her and then make no mention of the money to sons or daughter until nearer the time she is of age, then get everyone together and explain the situation. if you carry on making a big issue of the facts it will become something that eats into you. Forget it -perhaps make provision for your sons in YOUR Will that takes into account your daughters inheritence from your father ie leave them more. The more you dwell on it the more he's won -no one can rip a family aprat from the grave -don't let him win

[ruggief]

Should have said my children are all very young and are aged under 10 and therefore are far too young to understand the implications of the money. My brother is very happy that the estate should have been split 50/50 between the two of us.

[factor-fiction]

Ah- when you said you wanted all the money to come to you I thought you meant all the money including your brother's half.
The fact that he'd have been happy having a 50/50 split with you makes no difference... unless he's prepared to give half of his share to you.
Were you financially dependent on your husband? Were your other children financially dependent on him/you?

[dzug2]

As long as no one under age is adversely affected by the change you can do a 'deed of variation' with the agreement of other beneficiaries to do basically whatever you agree.

That's not 'contesting' the will - just rewriting it to suit the beneficiaries.

[Kristal53]

factor 30 -please read the original post before answering - your post makes no sense what so-ever...;-)

[factor-fiction]

Yes, I meant father not husband. krisgal.
Which of my answers makes no sense?

[Brenden]

Maybe when your daughter reaches the age of majority and knows the facts of the will she will share the inheritance with her brothers.

[LoftyLottie]

But dzug one of the beneficiaries is under age so how can a Deed of Variation be drawn up. Can a parent do this on behalf of the child, who, in this case, it will adversely affect. Not doubting you, just wondering.

[factor-fiction]

Yes, now we know the children are so young it makes it more difficult.

[dzug2]

As long as the under age beneficiary is not adversely affected then I think a DoV is possible. So the underage bequest remains unchanged, the rest of the estate is divvied up at will.

[LoftyLottie]

Basically, I agree with Kristal at 16.16. Don't mention it to the children until they can fully understand and are old enough to sort this out themselves and then forget it and live your life. Don't let your father ruin it.

[factor-fiction]

Kristal53- which of my answers made no sense whatsoever?

[LoftyLottie]

Thanks dz. So ruggie's daughter would keep half the estate and the rest would be divided between her brother (ruggie?) and the sons. That is just as unfair surely.

[dzug2]

Still unfair but maybe less so.

[LoftyLottie]

Because my mother was vindictive and manipulating and didn't like my husband, she made a will out leaving everything to my son and leaving me out of the equation. My son was two at the time!! When my son reached adulthood we talked it through and agreed we would share the money regardless. Fortunately, she changed her mind in her latter years and left it in equal shares. Just pointing out that it's probably better to let it rest for the time being.