Is There A Case In Will Disputes Where The Children Won Against The Step Father?

[Gardenlady]

Hi, my brother and myself are both the executors and beneficiaries of our mums will. Our step father has entered a caveat as he thinks he should get everything. Just wondering if there is a case where children won and step father lost as I can only find where children lose cases.
Thanks

[EDDIE51]

It depends only on the merits of each side in the case. There will be many cases where a caveat / dispute to a will is not successful, but that is NOT just cases where the children are involved. I would think that unsuccessful cases are more common than successful ones.
There are only a few legally valid reasons to dispute a will. I would ask a solicitor for advice. Most have a scheme where you can get advice free or for a small charge . Or go to the CAB and ask there they have a legal advice service that is free, but you need to book up as there is normally a waiting list for advice.

[Barmaid]

Don't even bother looking for cases. On What basis is he challenging?

[Maydup]

In marriage, what was hers is his.

If he has been left nothing then he will have a strong case. If you are all beneficiaries with him having a fair share alongside you children, then he is less likely to succeed in challenging that split.

[jackthehat]

Gardenlady - Barmaid is a Barrister specialising in Probate/Wills, etc. You can rely firmly on any advice she gives you; anyone else.......not so much!

[Peter Pedant]

and some others not at all

go with Barmaid - bonjewer madame - how eez ze oliday going ?
and thanks for answering - I imagine the basis is the fambly doo dah dependents act 1975

[Peter Pedant]

o god forgot..
sorry garding lady for your loss
and sorry for the angst and worry this challenge is causing you....

Barmaid will give good advice - sleep well tonight

[Barmaid]

Usually a caveat is only appropriate if the challenge is to the will itself. Is that it is in some way invalid.

Altho the wording of the question seems to indicate the iNheritance (provision for family and dependents) act 1975.

Will claims are always tricky so i suggest taking immediate advice from a solicitor who is a member of actaps. Or go direct to a barrister.

[Gardenlady]

He is claiming undue influence, lack of want of knowledge & lack of testimentory capacity as to the validity of the will. Our solicitor said it's probably an inheritance act case that he will eventually claim for.
The long story is, he was physically violent to my mum during their marriage. He was also very controlling. While she was in hospice he made her sign forms that she didn't know the contents of. Because of this my mum said she wanted another will to be drawn up so we got solicitors in to do it correctly. She was alone with them so that she could finally have her say without anyone's influence.
He had stopped visiting her and they became estranged during her final 3 months in hospice. After she instructed her new will she asked for the solicitors to start divorce proceedings. They said sorry, you probably won't live long enough.
Stepfather stole money from mums bank account while she was in hospice, sold her car without her knowing (it was in her name), changed the locks to the house and refused to let her die in her own home. He is basically a very nasty person.
In her will
She left him her car & said their house that she bought before she met him, he could live in for 1 year then sold and her share go to my brother and myself. The 2nd house (his dad rents off of them)was to give his dad 2 months notice from the date of her death and then sold. Again her half of the profits to go to my brother and myself.
So apart from the car she left him nothing.
She added a letter of wishes stating that he was physically violent to her and he's well off so on that basis she's not leaving him anything.
Hope that's not too much info.
I was just interested if anyone else has been in our place before and how they got on.
Thanks for everyone's answers.

[tamborine]

Ive been thru similar. My late OH willed me everthing in his last secret Will as his bruvs had him write frequent wills in their favor. He was an alcoholic so testamentary capacity was the issue. Psychiatrists & doctors were summoned to High Court for a week long case. Cost was £80k to me that was refunded after judge ruled in my favour. Ofcourse its necessary to attend mediation first and if not settled then its onto Court.

[Peter Pedant]

blimey the person with the zapper was active that day
basically the point made was the one we all know:
barmaid knows what she is talking about and no one else does.
so - what is new ?

[Peter Pedant]

sorry about That Tambo
these cases run at around £10k/d

a fren' was not insured for a GMC ( oopsie!!!) case which came in at £97 000

[tamborine]

PP, my solicitors charge to losers was £650k! He put up ccj against them that brought down their business - I wasnt pleased but couldn't interfere.