I live with and look after my Dad who has dementia, and my brother who has severe learning disability. My Dad has left everything to me as I will always look after my brother. My other brother is very well off and has never helped. When my Dad made the will he was of sound mind and he had the solicitor draw it up. I have now been told by another relative that my other brother will contest it. Does he have any chance of winning?
2006-08-06 02:57:31 · 12 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
He can contest, but he has to prove that Dad was not of a sound mind when he wrote it.
I would dissuade him, as it gets expensive and the lawyer fees may gobble up the estate.
2006-08-06 03:03:20 · answer #1 · answered by Anonymous · 6⤊ 0⤋
There is always a chance. Contesting a will in this case needs to prove that your father was not of sound mind when he wrote it. Your brother will most likely argue that his dementia was present at the time of the will's creation, in an attempt to have it nullified. He may be thinking that by contesting the will, he can force you into a compromise, out of court settlement. Remember, it will cost your father's estate considerable amount of money to defend the will.
2006-08-06 10:03:59 · answer #2 · answered by Anonymous · 1⤊ 0⤋
As your dad was of a sound mind when the will was drawn up, and the solicitors can certainly confirm that, there is nothing your brother can do. Certainly he can contest it, that is his right as an individual, but he will get absolutely nowhere.
2006-08-06 16:55:44 · answer #3 · answered by ribena 4 · 0⤊ 0⤋
He can of course contest it but if as you say your father was of sound mind when he made it and nothing can be proved to the contrary then he doesn't have much chance of winning the case.
2006-08-06 10:25:25 · answer #4 · answered by malcy 6 · 0⤊ 0⤋
he has little chance of winning. as he has contributed little or nothing to the cost of your father's care, it is unlikely a court will see any reason to compensate him out of your fathers inheritance. for further advice, contact your citizens advice bureau, who should be listed in the phone book :)
and a will IS a legally binding contract if it is overseen by a solicitor.
2006-08-06 10:36:06 · answer #5 · answered by stephizzal 5 · 0⤊ 0⤋
the court will take everything into consideration, he is allowed to contest it if he wishes, I'm sorry you have to go through this it seems very unfair, perhaps you could reconcile yourself to your brother and explain why your father has done this. as to wether or not he will win no one can say.
2006-08-06 10:05:48 · answer #6 · answered by saved by grace 1 · 0⤊ 0⤋
The best advice I can give you is to seek legal advice yourself. That way you will know for sure whether or not your brother would have a case if he does try it on. If it turns out that he wouldn't then it will put youe mindd at ease.
Good luck.
2006-08-06 10:03:24 · answer #7 · answered by Jenni 4 · 0⤊ 0⤋
Isn't there something about you can only contest a will if you are a dependent of the deceased?
2006-08-06 10:02:49 · answer #8 · answered by Anonymous · 0⤊ 0⤋
So long as it's a genuine will, written down and witnessed, and it's his last will, your brother doesn't have a leg to stand on.
2006-08-06 10:10:11 · answer #9 · answered by quierounvaquero 4 · 0⤊ 0⤋
I am not an expert of law but my understanding is that the will is not legally binding but viewed as merely a request.
2006-08-06 10:03:28 · answer #10 · answered by Bob-bob 3 · 0⤊ 0⤋