can i successfully challenge a will of my diseased mums parents if they decide to leave it all to her brother?

Question

my grandparents have given me a will a few years ago after my mums death,i have been included and am always being constantly reminded that if i help them with this or that i will be rewarded well but one day i asked to borrow money for car insurance and i were laughed at .they have 1 child left who lives overseas foe 25years and calls once a year while i help them,i have a feeling they have changed the will without telling me and in the end i will be left with nothing,will i have any right to a share if i dispute the will after they die,for my mums share?

Answer 1

You can always dispute a will. Even if it has language in it that says that whoever disputes it will take nothing, the courts will allow a good faith dispute anyway.

The child of a child will generally be considered a "natural heir," and given some deference.

Answer 2

You have been given some very bad and very wrong advice here from people who don't know the law in your jurisdiction. You need to go and talk to a solicitor - some may give you a free initial consultation.

I have often successfully represented family members who have been left out of a will - legislation allows such challenges as it is basically the state saying you should look after you family properly and not leave it up to the state!

Answer 3

Whatever the will is at the time of death that is final unless the will was made invlaidly or if there was duress or mental incapacity involved when the will was created.

Unfortuantely this situation happens all the time. Someone makes a promise to a person based on a will. Then they change the will...they have the right to change the will by their own decision and can do so as much as they like as long as they follow all legal requirements. You can review it but without proof of wrongdoing you can't challenge it.

Answer 4

You can always try, but you would probably need to show undue influence on the part of her bro and/or your grandparents were of an unsound mind when they made the will. But a good lawyer would include a clause speciffically mentioning why you were excluded, and it would be hard to beat that.

In the meantime remeber "The living have no heirs"

Of course, if you have been providing them with a fair amount of assistance, you can always try making a claim against the estate outside the will

Answer 5

No, you would have no standing to challenge the will. In the absence of a will, the probate court normally awards the estate to a surviving spouse; if there is no spouse, the estate is split equally among surviving siblings; and if none of those exist, then grandchildren.

In the case where they deliberately exclude you from the will, then the court will accept that is their wish and support it.

Children of a parent who are completely excluded might win at court; and for that reason, when a parent wants to exclude a child, they will normally leave the child $1. As their grandchild, they don't even have to do that.

Answer 6

Alot depends on where you live and whatever precedents may have been set. Normally a will is not contestable unless there is direct evidence that the decedents meant to leave you something but failed to do so. You definitely cannot dispute anything on behalf of your mother unless she gives you power of attorney.

Answer 7

Being left out of the will is not grounds for challenging the will. Any verbal promises they make are legally not worth the air they are spoken in. In the US, there is no such thing as your mums share unless the will says there is. From your language, I believe you are in the UK. The law may be different there.