No Win No Fee

[piccadilly]

Hi I wish to contest my late stepmothers will, I've googled contesting a will and it comes up with some solicitors who do no win no fee, has anybody else done this, is this a wise route to pursue?

[Buenchico]

'No win, no fee' doesn't mean that you can't end up with a whacking great bill for the costs of the person who're you're effectively trying to take money from (if you lose the case).

What do you mean by 'contesting the will'? Are you seeking to show that it's not valid because, for example, your stepmother was coerced into writing it (or, again for example, because it wasn't properly witnessed) or are you hoping to get a court to alter the provisions of the will under the Inheritance (Provision for Family and Dependants) Act 1975. They're completely different types of court actions.

[piccadilly]

Hi I've spoken to a no win no fee solicitor and he said that to go for a deal with the other beneficiary would be the best option, I just don't know what to do for the best

[woofgang]

When we had a will issue in the family, we paid for legal advice, both from a solicitor, a good one, and a specialist. They both heard and looked at all the facts and said the same thing.....”don’t give either of us any more of your money, settle!”

[Buenchico]

As I interpret your secondary post, you're not seeking to show that the will has no validity (because, for example, the testator was coerced into writing it or because it wasn't properly witnessed). So you must be seeking to show that the will fails to make "such financial provision as it would be reasonable in all the circumstances of the case for [you] to receive for [your] maintenance"
https://www.legislation.gov.uk/ukpga/1975/63

So you'd need to show why your stepmother had a duty to maintain you. You can't simply say "She was my Mum, so therefore I'm entitled to something (or to more than I've already got from the will)".

A parent (or step-parent) is never obliged to leave a single penny to their children (or step-children) and they're perfectly entitled to write a will which totally excludes their offspring (or, indeed, any other members of their family) from receiving anything. The provisions of that will MUST stand unless the child (or stepchild) can show that they had a reasonable right to expect the testator to maintain them.

For example, if a student was half-way through university at the time of their parent's death, and the parent had been funding those studies (and would obviously have continued to do so if they'd not died), then if the will left nothing to the student they would have a good chance of getting a court to alter the distribution of the parent's estate.

However if, when Joe Bloggs dies, his daughter is happily living her own life with her husband (and in no way dependent upon Joe) then, if the will leaves nothing to her, she has absolutely no right whatsoever to get the terms of the will varied.

Many people (including me) write wills that don't leave anything to their family members. A court will NEVER vary the terms of any such will UNLESS the application comes from a spouse or civil partner of the testator (irrespective of whether they need the money for their maintenance) OR, where the application comes from another person (such as you), it can be shown that the applicant had a reasonable right to expect the testator to MAINTAIN them.

[piccadilly]

It is a valid will done under no coercion and was of sound mind, but she stated that I had to be married to inherit the entire estate, now I'm not and I hadn't a clue that was in any will she drew up

[fiction-factory]

Which part of the Uk did your stepmother live? I understand ther provisions for children are different in Scotland

[Bazile]

crikey

Did you and her have any disagreement about marriage ?

[Buenchico]

Hopefully Barmaid (who's a barrister, practising in civil law) will post here but, as I see it, the only possible challenge to the will would have to be under the Inheritance (Provision for Family and Dependants) Act 1975 and, as I've stated above, you won't get anywhere with such a claim unless you can show that you could reasonably expect that your late stepmother would provide for your maintenance (at a greater level than she's already done).

[woofgang]

I don’t think that your knowledge or not of the wills contents affects its validity

[piccadilly]

No we'd no disagreement but she never mentioned this condition to me. No I wasn't dependent on her financially, is this hopeless?

[Buenchico]

>>> is this hopeless?

I suspect that the answer to that is 'Yes' but I'd still like to see what Barmaid has to say. (If I see here posting elsewhere I'll ask her to take a look at this thread).

[fiction-factory]

So are you saying you would have got married if you'd known about the clause?

[piccadilly]

She was in England and yes I would have a mail order bride perhaps with a pre nup agreement, but this is so unfair, what if she hadn't liked the other half what if it had ended in divorce? What if she had outlived me? I can't understand why she included this without telling me

[Bazile]

If you got on with each other and given that she expressed no problem you with regard to marriage ; it does appear to be a bit harshish to include that clause in the will .

Are you sure your'e telling us everything ?

[piccadilly]

Absolutely yes this is the truth

[fiction-factory]

> What if she had outlived me?
Well I am not a legal expert but if you'd died before her I am 100% certain you would have got nothing from her subsequent death

>what if she hadn't liked the other half ..?
If she was still alive she could have changed the will at that point if she wanted to

[Bazile]

So is the other beneficiary getting an equal share / less / more ?

It's not the cat's home is it ?

[ubasses]

There is something called A Condition Against Public Policy, but I know nothing about it,so couldn't say whether a condition requiring you to be married would qualify or not
As said earlier, you need to wait and see if Barmaid is around.

[Buenchico]

^^^ While, say, a condition that a person must get divorced in order to inherit part, or all, of an estate would almost certainly be 'against public policy', I doubt that a condition that they be married would be regarded as such by a court. The condition would have to be 'unreasonable' (e.g. by insisting that the marriage was to someone of Afro-Caribbean descent) for a court to rule that it was against public policy.

[piccadilly]

No it's a church upon my death