I want to contest a will made by an Aunt, who from all her Nieces and Nephews has left me out
2007-02-04 22:00:41 · 10 answers · asked by pandauk_co_uk 1 in Politics & Government ➔ Law & Ethics
I wish I knew why, I even phoned the Solicitor dealing with her estate, who told me he had only just learnt of my existance, and that my Aunt had not given any reason for my being left out. I have a feeling that nasty things were said about me to her by another member of the family. She was a lovely Aunt, who always treated all of the Nieces and Nephews alike, which is why I can not understand this. The Solicitor said I had been disinherited from the family legally. All I can think now is that who ever did it will always have extreme pain when they have anything to do with it. It would'nt have been so bad, had I just been left a memento.
The state of play at the moment is that now my own Sister won't even speak to me, I can't work out why I am being punished for something I know nothing about.
2007-02-04 22:40:37 · update #1
get a solicitor to do it for you as it can be complicated and drawn out
2007-02-04 22:03:38 · answer #1 · answered by rose_merrick 7 · 0⤊ 1⤋
There are a number of questions involved here.
First anyone can contest a will by employing the services of a solicitor to do so.There are specialist firms who do this and you will find their details on the net.
Second and in order to contest a will successfully you will need to prove one or more of the following.
1) That your aunt was not in her right mental state of mind when she signed her will.And/or
2) You are a dependent to whom she had an obligation to support
after her death.And/or
3) Her last will was at significant variance to one signed before and which had you as a beneficiary to your knowledge and on foot of this you have not made provision for your future which you otherwise might have done.
You need to look at the conditions of the Provision for Family and Dependents Act 1975 (as I think you are writing from within U.K.).
Having said this,I don't think there is much you can do about the result that has come about.If you were a sole surviving sibling then you would have more of a case than you do as a nephew and I do not think that you will find a solicitor who is willing to take this case on your behalf.
You might end up spending more money than you could ever hope to receive.
I know that if the other nephews and nieces have been given something and you haven't it's likely you're feeling a bit sore but you win some lose some I guess
2007-02-04 22:32:57 · answer #2 · answered by bearbrain 5 · 2⤊ 0⤋
there must of been a reason. When someone makes a will it is there decision and should be left at that. You cant change and shouldnt try to change something like this. When someone you know dies this shouldnt be an opportunity for you to get something from it.
When I die I will leave money to the people I think need it regargless to what relation they are to me. If my children are well off then I will look at other members of my family that might be struggling etc. This is my decision and I know that I would not be happy if I thought that they would be arguing about it over my grave!
Think hard before going down this road.
Just because a relative dies this does not autmatically entitle you to anything.
2007-02-04 22:15:31 · answer #3 · answered by entertainer 5 · 1⤊ 0⤋
First and foremost if you are not a beneficiary then you have no equitable title to enforce, secondly if you are over 18, working etc have sufficient means you will not be able to use anyother statutory route to contest. This will depend on your own circumstances and the size of the estate, i does look like there is nothing you can do, there is nothing stopping anyone else as a beneficiary from doing a post death variation, this has to be done within 2 years of death, this will allow you to obtain something.
2007-02-06 04:00:59 · answer #4 · answered by logicalawyer 3 · 0⤊ 1⤋
I worked for a very senior member of the judiciary and asked this very question. It is his special area of expertise.
He very firmly advised me not to even consider contesting a will. He said such challenges almost inevitably end in failure.
The costs involved would be astronomical and the only winners would be the parasitical lawyers who battled it out.
Trust me, I worked in the Court of Appeal for 6 years and saw, day after day, people lose expensive litigation. Understand - in EVERY court case, the lawyers on each side think they have a good case. Equally, in EACH case, one of them is wrong.
Your Aunt had a reason to leave you out - and you probably know why it was.
2007-02-04 22:31:54 · answer #5 · answered by Essex Ron 5 · 2⤊ 1⤋
It would be difficult, your Aunt can, and has, left her money to who she chose, there is no "right" to be in a will, it's not about you being her Niece or Nephew. Bite the bullet, she obviously had a reason not to leave you any money!
2007-02-04 22:09:02 · answer #6 · answered by Greybeard 7 · 3⤊ 1⤋
As has been written above. It is almost impossible to do and many lawyers want nothing to do with it. They usually want 10,000 up front and there is no guarantee you'll see a dime. Face it, you got left out for a reason.
2015-10-05 23:58:59 · answer #7 · answered by Tan Tu Ning 1 · 0⤊ 0⤋
could be hard best to speak to a solicitor
2007-02-04 22:03:45 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Why would you contest it? That is her will her final requests you should respect them and stop being selfish
2007-02-04 22:05:47 · answer #9 · answered by JOHN D 6 · 4⤊ 2⤋
Didn't she like you?
2007-02-04 22:06:38 · answer #10 · answered by heebygeeby 4 · 1⤊ 2⤋