My Step mother is completley cutting me out from my Dad's Will - even the funeral Cicar did not know I existed - my step mother is a total &%$*% Anyway 50% should of been left to me in trust when my parents divorced, and my fathers will did leave all to me. He changed it (under pressure no doubt) and they have already involved a solicitor and advised he was of sound mind etc, lied about value of assets & pensions and numerous other items. A solicitor has told me I have a great case, but after £500 for a couple of letters, I simply can't afford the £000's to contest. Can anyone help me...........???? Any suggestions welcome as it really hurts that the woman who take great pleasure in pulling all the legs and arms off my dollies then telling my dad it was me is not only going to "torture" me as a child but is now laughing all the way to the leeds......... Any ideas considered.
2007-03-06 07:09:59 · 9 answers · asked by Gary S 1 in Politics & Government ➔ Law & Ethics
No legal aid but go to the Citizens Advice Bureau. They have solicitors on board who can most certainly help you in this matter.
2007-03-06 07:21:03 · answer #1 · answered by Kate J 4 · 0⤊ 0⤋
Legal aid will not accept your case in most places.
It is normally reserved for family and criminal matters.
If the lawyer is willing to take you on a no win no fee basis (which is a contingency, I think you are referring to, which is an agreement that the lawyer gets a percentage of whatever you get if successful...be advised that these agreements normally allow for the lawyers disbursements, or out of pocket expenses like court filing fees and copying charges to be paid regardless of the outcome) you likely have a good case. Lawyers are not in the habit of taking litigation files that they will get no money on as they are often very time consuming.
It is often hard to contest a will, especially if the lawyer who drafted and witnessed the will kept decent notes of the conversation he had with your father that your father knew of his assets and seemed competent to sign the will. Even harder to prove duress....please be advised this will be a lenghty process.
If the will that left his wife everything is not invalidated, it completely destroys the first will.
If it can be found that the second will in favour of his wife is not valid, it will likely be deemed that your father died intestate (without a will) and as his wife, she would be entitled to at least a portion of the estate regardless. It would pretty much work out to what the law says she would be entitled to if they were to divorce. (which in most places is the following simple equation:
(his assets - his debts) + (her assets- her debts) + (joint assets - joint debts) divided by 2 - (her assets - her debts) = what she is entitled to. )
2007-03-06 16:12:42 · answer #2 · answered by elysialaw 6 · 0⤊ 0⤋
I used to work in a solicitors, and I know that Legal Aid is very difficult to come by.
You are unlikely to get No Win No Fee as the case is a 50/50 chance.
You could try Legal Aid, the least you can do is apply.
It is worth bearing in mind that will contests are rarely succesfull as it is signed, on oath by the legal representative and the doctor.
Good luck though!
2007-03-06 15:23:26 · answer #3 · answered by mrssandii1982 4 · 0⤊ 1⤋
I am an attorney in Massachusetts. If your solicitor (are you in Canada or Great Britain) says you have a great case then hire him or her. Just make sure you have a written fee agreement with the lawyer and make sure the amount of money spent in legal fees justifies the amount you would receive if you won. You do not under any circumstances wish to pay a lawyer to win a Pyrrhic victory. (i.e., winning the battle but at such a high cost that it wasn't worth it to begin with!)
2007-03-06 15:15:25 · answer #4 · answered by Lynn T 2 · 0⤊ 0⤋
you can try but often the will is legal and binding. I am sorry you feel this way, it is much stress and upset, no doubt. Try not to let is destroy your life and make you miserable - I am a nurse and see so many families torn apart over money when a loved one dies. I know this step mother sounds awful and may have been hateful to you in the past, but perhaps it is better to cope and not be her victim and just rise above it all,and get on with your life. The opposite of love is not hate - it is indifference.
2007-03-06 15:13:47 · answer #5 · answered by rose_merrick 7 · 0⤊ 0⤋
Is legal aid a possibility for you? If a solicitor has already told you you have a case, would he/she take it on as a no win no fee case. You must ask. Good luck, I feel very sorry for you.
2007-03-06 15:14:12 · answer #6 · answered by jet-set 7 · 0⤊ 0⤋
If the choice is from those two, then legal aid if you can get it. your income has to be only so much to qualify. No win no fee is an option but those lawyers are picky i suspect.
Good luck, though. Even if the initial outlay is a lot, then think of the long term.
2007-03-06 15:14:37 · answer #7 · answered by DizzyDream 3 · 0⤊ 0⤋
I am really sorry to hear about this. I have no real advice, other than you need a lawyer. But I just wanted to tell you not to think of it as her laughing all the way to the leeds. Think of it as her laughing all the way to hell, because that is where she is going for doing this to you!
2007-03-06 15:20:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Both of those ideas are good ones, but be prepared for a long battle. I wish the best in your fight.
2007-03-06 15:15:55 · answer #9 · answered by Aliz 6 · 0⤊ 0⤋