Inheritance

[kiya1969]

My friends dad died recently, and 6 weeks before he died the will was changed to leave his new wife everything.
Is there anything he can do about this?
Also there is a will in spain and my friend has been told the laws are different in spain. Is this true? Can anyone give us some advice?

[bednobs]

what would your friend want to do about it and why?
I am making an assumption here that your friend wants to get some benefit out of the will that he dosent have at the moment?

Why would anyone with a heart want to go against the express wishes of thier dead father just to get money/property?

Surely it is the most normal thing to leave your stuff to a spouse - i would guess this is what a very high percentage of wills are like. Was your friend living in scotland (as i believe the laws are different) was he financially reliant on the father?
If the will in spain was made before this current oone then it will be null and void. Is the will in spain held with a solicitor?

[bednobs]

Also to add, if the dad had wanted to leave anything to the son, he was perfectly at liberty to, but it seems he didnt want to.
Unless you are suggesting he wasn't of sound mind, or was coerced into making this new will in some way?

[Barmaid]

Main ways of challenging the validity of a will are to claim: lack of testamentary capacity, failure to comply with Wills Act formalities; lack of knowledge and approval; undue influence (VERY hard to prove). HOWEVER, in these circumstances there may be little point. IF the deceased had a Will made before his marriage, unless it was in contemplation of marriage it will have been revoked. Thus the estate would pass on intestacy laws. Unless the english estate was worth more than �125,000, there would be no point in overturning the latest will.

Your friend could claim under the Inheritance (Provision for Family and Dependants) Act 1975 IF the deceased was domiciled in the UK. As a child he is in the class of people to make a claim. He does not need to show dependancy on the parent, but without it, it is terribly difficult for an adult child, in good health and capable of earning a living to prove his claim.

Spanish laws are different, they have a forced heirship provision. Generally the Spanish will will cover the Spanish property and the English will the english property but depends on the precise wording. This area of the law can be extremely complicated since it works on domicile and lex situs (ie where the assets are situated). Even Lord Denning used to get in a tizzy over this sort of thing.

[LoftyLottie]

If it helps at all, the laws in Spain are diffferent. My friend has had to make a separate will through a Spanish solicitor for her Spanish property.

[LoftyLottie]

I should have mentioned that my friend has properties both here and in Spain and she couldn't include the Spanish property in her British will as this would not be recognised under Spanish law.

[LoftyLottie]

I see Barmaid has confirmed my beliefs but in a much more professional way. Thanks Barmaid.

[kiya1969]

My friend feels cheated out of what untill 3 months ago was going to him and his brother. The will in spain is held by a solicitor and my friend has requested a copy but so far nothing seems to be happening.
My friend believes that his father was coerced, however there is little to prove this.
The estate is worth alot more than 125,000 and therefore he feels it is worth fighting for.
All i know about the will is that the father left everything to his wife but stated that on her death it should then be divided between the brothers.

[buildersmate]

Don't see how that last bit works. One can leave a life interest in a property to another person, which on that person's death means it then could revert to someone else. But if money and other assets are left to another, it is theirs to do what they wish on their own death.

[Barmaid]

Sounds to me like the new wife has a life interest in the estate and your friend and his brother get their share on her death - thus she will have the right to live in the property or have the income from any investments for her life and on her death the capital will be shared out between the two sons. You need precise advice on the exact wording. Plus "feeling he was coerced" is never ever going to be enough. If he challenges the Will on those grounds without some pretty hefty evidence could result in an adverse costs order against your friend (it is a HUGE fallacy that costs come out of the estate). Clearly it is impossible to say in general terms without knowing the specifics of a situation, but it could well be worth taking advice from a solicitor who will often put the case out to Counsel and the costs should be no more than about �500. IF all parties (ie including the wife) are unhappy about the Will, it would be possible to break the trust so that she gets a lump sum now and so do the brothers but all beneficiaries have to agree to this.

[kiya1969]

I happen to agree with you tetjam, however his father did not treat the brothers or their mother very well whilst he was alive.......Sometimes it is wrong to make a judgement about a person unless you know all the circumstances.

[mattie]

My dad has made it clear, that if he dies before my mother, then he has made provision for their house to be used as a means of income to support my mother until her death.

Meaning that if she lived a long time, there would be nothing left of the estate to get.

Is that unfair to me and my brother?

It is their money to do what they choose with, we don't have an automatic right to it.

Funny how when family members die, greed rears its ugly head.

[kiya1969]

So if she has a life interest in the will does this mean she can sell any of the property or cars etc?

[Barmaid]

Mattie, No you are right, it is not unfair. However, it is possible that in your situation, there would be something left. Let's take the following example. H dies leaving the whole of his estate to W for her life and on her death to the children. The estate comprises a property and not much else. W is allowed to live in the property rent free for a few years and then it becomes too much for her. Property is sold and downsized to give W somewhere to live and a small fund that is invested for income. Then W needs nursing home care, so the replacement property is sold and the proceeds invested, the income paying the care home fees. When W dies, if the Trustees have properly invested the fund for capital growth and income, the theory is that the fund should have kept place with inflation and therefore you inherit. However, if there is power to advance capital and all of it is given to W by the Trustees, you are right, there may be nothing left. This former type of arrangement is great for ensuring a widow(er) has income/a home for the rest of their days, but prevents it passing to say a new spouse and his/her children, thus keeping it in the family.

[Barmaid]

Kiya, it depends on the precise wording of the Will - generally it is the executors or trustees that have the power - although in this case, it is possible she is the exec. Yes, generally in a sensibly drafted will they will have full powers to realise assets and reinvest them. So yes, she could sell the property and buy another or invest the fund in bonds or something but she cannot actually take the capital. If ALL she has is a life interest (and no power to advance capital) then she has no right to the capital, just the right to income or live in any property.