If parents leave their home to one daughter in the will, and her 3 siblings want to contest the will, what are their chances of being successful, and what are factors in this?
The daughter and her child have lived in the house with her parents for 6 years.
This is in Scotland.
2007-12-20 10:22:46 · 11 answers · asked by somevelvetmorning 1 in Politics & Government ➔ Law & Ethics
the daughter is 46, low income (about 10k), single mum to 17 yrold.
2007-12-20 10:29:47 · update #1
Slim.
The other siblings will need to be able to prove to the court that either the parents were mentally incompetent at the time they made the will, or that the sister who was left the home used threats or "undue influence" to coerce them into making it.
Richard
2007-12-20 10:31:16 · answer #1 · answered by rickinnocal 7 · 0⤊ 0⤋
I am not familiar with probate codes in Scotland, search online for "Probate in Scotland" and find the legal statutes and codes or call an attorney there.
If it was in the United States, it goes strictly by what the will states;
- unless you can prove that the parent/s who signed the will were mentally incompetent at the time of the signing.
- or possibly if the will was not filed properly.
-or if the Executor was not qualified for being Executor (such as having been a felon or lived out of state or not a citizen of that state).
- or if you can prove that the heir committed Elder Exploitation, perjury or embezzlement. (elder exploitation is very common but often difficult to prove).
Aging people often give or pass on their belongings to whoever spends time with them before their death.
My brother exploited my parents just before they died and embezzled the inheritance, it is costing me a fortune in attorney and court fees just to get my portion.
The courts and attorneys do not protect victims of crime, or care about what is right, they are only after the money too.
2007-12-20 10:48:11 · answer #2 · answered by G S 2 · 1⤊ 0⤋
Obviously the parents felt the daughter/gran child were in need and the siblings were capable without the inheritance. Not being aware of any mitigating circumstance, the court should respect the parent's wishes.
2007-12-20 10:30:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Very few changes of it being successful, you need to take in the fact that the parent's wanted her to have it. I mean she may tack care of it better than her other siblings. Also The house has been her and child's home For more than 5 years!
2007-12-20 10:33:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
How old is the daughter? This is scotland so I'd say the other siblings stand a good chance.
2007-12-20 10:26:27 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Don't know much about the laws in scotland but I can say My personal opinion is who ever was there and took care of people when they needed help deserves the works.
2007-12-20 10:26:54 · answer #6 · answered by Linda S 6 · 1⤊ 0⤋
I'm not a lawyer, but it's obvious that you have just o give these receipts to a good lawyer and the case is 100% yours.
2016-03-14 10:17:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
As long as the the will was executed while the parents were of sound mind and not under duress, it should be very hard to break the will. That is why wills exist.
2007-12-20 10:53:33 · answer #8 · answered by scottclear 6 · 0⤊ 0⤋
I agree with baserunn they would have to prove that the parents were incompetent when they made the will out. Tell your friend to hire a good lawyer.They have a long fight ahead of them. Good luck to your friend
2007-12-20 10:30:09 · answer #9 · answered by sddq_nn 3 · 0⤊ 0⤋
im pretty sure they have to prove your parents were incompetant when they drew the will up. if this can't be done wills usually stand but PLEASE get a lawyer! each state is different. if there's no will, for example in my state no one sibling can just freeze out the others, it gets split evenly. again get a lawyer asap/
2007-12-20 10:25:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋