contesting a will

[ainsley8]

I have elderly neighbours who do not wish to leave their money to neices as they dont keep in touch, they would like to leave there money to people who have taken the time to care for them. would their family be able to contest a will?
thanks

[ccfluff]

Im sure if your neighbours discussed this with a solicitor they would be able to sort things out. My grandmother put a clause in her will stating that, she didnt want certain people to have any of her money, should they contest the will. She had to state why this was the case. their family could contest the will, but if their names are mentioned and reasons why, i presume it would be difficult to contest. At the end of the day, its your final wishes, which should be adhered to.

[Ethel]

Unless the nieces are financially dependent on your neighbours at the time of their death they cannot contest the will.

The only people who can contest a will are:

spouse; unmarried ex-spouse; children; step-children; partner who has lived with them for two year or more; any other dependent.

[Barmaid]

What Ethel refers to is a claim on the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This is strictly speaking a claim on the estate rather than a contest to the will itself.

If your neighbours are elderly, I suggest they seek the services of a solicitor who can make sure that the formalities are properly complied with and that they adhere to what is known by the courts of the "golden but tactless" rule that the wills of very elderly and/or infirm people should be witnessed by a medical professional where there is the slightest chance that testamentary capacity may be an issue. If all is done correctly, it won't stop a claim being made (by the most determined of litigants who will not accept legal advice), but it will stop it getting beyond first base.