can I contest a wil I am not in?

[BROXY]

My stepfather died and has left my mother only a quarter of house etc his 3 sons get same shares. He told my mother the house was to be hers.( they were married 25 years). He has also stipulated when anything happens to her everything will go to his sons leaving me my brother and sister with nothing can he do this?

[dzug]

http://www.thisismoney.co.uk/tax-advice/inheri tance-tax/article.html?in_article_id=403021&in _page_id=78

is useful - I think it says that you can put in a claim IF you were dependent on him. If adult and independent then it looks like not. But read it carefully -I've only skimmed it.

It's possible his wife has been left in a difficult situation - only a life interest and no access to capital? She mat have a beter case.

[dzug]

http://www.thisismoney.co.uk/tax-advice/inheri tance-tax/article.html?in_article_id=403021&in _page_id=78

is useful - I think it says that you can put in a claim IF you were dependent on him. If adult and independent then it looks like not. But read it carefully -I've only skimmed it.

It's possible his wife has been left in a difficult situation - only a life interest and no access to capital? She may have a better case.

[Barmaid]

If you were treated as a child of the family to which the deceased was a party, you can claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision - your mother can also as the widow. You do not have to show dependence, but an adult who is of working age and capable of work is unlikely to be successful in most cases. The time limits on this are strict though 6 months after the grant is taken out, so I should seek legal advice asap to see if your claim has merit.

[lady_p_gold]

Was the house in joint names between your stepfather and your mother ?? If so I am not quite sure how he can do that as it would pass to her upon his death. Could you elaborate a little.

[Stu Dent]

If your stepfather lived in Scotland, Broxy, then he can dispose of his heritable (houses and land) property in any way he sees fit. He can give your mother and his three natural sons a quarter share, give all to your mum, or all to his sons, all to two of his sons and disinherit one of them, or he can leave it to the dog and cat home. So, unless there is something that invalidates the will, there is nothing you can do about the house.

If the will is invalid (or if no will had been made), and your mother is 'ordinarily resident' in the house, your mother would have what's called 'prior rights'. She would be entitled to the ownership of the house up to the value of 130k under Section 8 of the succession (Scotland) Act 1964. If the house was valued at 200k she would have to find 70k to compensate any other parties with an interest in the house.

Unless your "stepdad" adopted you at some stage in the past 25 years (becoming your 'dad'), you have no automatic succession rights. In any case, you would only have some kind of entitlement to his 'moveable property' (savings, shares, furniture etc). However he has no right to dispose of your mother's property - that one quarter share of the house (or it's value) is hers to do with as she pleases. And her stepchildren have no more right to that than you do towards your stepfather's property. In fact, you only have a right to your mother's quarter share if she makes a will in your favour or makes no will at all.

[Stu Dent]

Also , was any provision made for his moveable estate (shares, savings, cars etc? And is there a mortgage debt outstanding on the house?

Your mother has 'prior rights' to the furniture and some cash (to 22k and 35k respectively), and then the sons and mum also have 'legal' rights' after the 'prior rights' have been settled. But the estate by that point may be exhausted and if so, the three sons get nothing more than a quarter share of the house - after the mortgage debt has been repaid.

So the 200k house with a 100k balance to pay becomes a house worth 100k - so the sons and mum share 25k. Mum does not get a quarter of the house but has to pay all the 100k debt attached to it.

But mum also gets all the furniture up to 22k and cash value of up to 35k out of the moveable estate. If the moveables are valued at say 100k, mum gets 35k and the rest is split between mum and the three sons equally ('legal rights'). If there is less than 35k, mum gets the lot and there is not enough to satisfy any claim for 'legal rights'.