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3 May 21, 05:48 PM |
#11
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VIP Dibber
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I would say be very cautious. It will destroy any chance of a future for the sides agreeing. My sisters family was caught up in this, with it consuming years and alot of negative emotions.
If you do still decide to go ahead be sure of costs at the outset.
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3 May 21, 06:19 PM |
#12
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Imagineer
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I think it unlikely you would get no win no fee even if it is permitted for this type of action.
Think about how much the will is worth, think about how much you are bothered about falling out with the people you are contesting against and then it for an initial paid for consultation and then decide. I know it’s hard but remove all emotion |
3 May 21, 06:31 PM |
#13
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Imagineer
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Sent you a PM snowball
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3 May 21, 07:04 PM |
#14
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Imagineer
Join Date: Jun 09
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When my dad died I was concerned my stepsister (his daughter) would contest as everything was left to me. My aunt who is a solicitor told me she could contest but would only get awarded money if she could prove that he had contributed to her standard of living etc and she would be severely affected by receiving nothing. Seeing as she hadn’t been in touch for 42 yrs she wouldn’t have got anything had she contested. She didn’t contest.
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3 May 21, 07:37 PM |
#15
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Imagineer
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OH's dad considered this as his uncle had expressed a desire to leave all his assets to his sister (OH's nan) but ultimately didn't change the will before he died. After seeking legal advice he decided not to pursue it as it looked to be a very long and difficult process for the amount of money involved.
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DLP 1992, 1997, 2000, 2003, 2006, 2007, 2010 and 2017. WDW 2002, 2005, 2007, 2009 and 2023. DLR 2008. Planning DLR in 2025. |
3 May 21, 07:54 PM |
#16
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Imagineer
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It’s very difficult when there have been remarriages and blended families.
We own our own home and we have decided to split it between both our children equally when we have both gone. |
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3 May 21, 08:35 PM |
#17
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Thread Starter
Imagineer
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No relationship with most of family anyway so nothing to lose there, its the cost and stress we fear?
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3 May 21, 08:54 PM |
#18
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Imagineer
Join Date: Mar 16
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When I worked at a solicitors they advised against leaving a.specific amount.
Without being personal, if your finance change and you only have £50k to leave then the step son gets his share first and what's rest is split. Your DD could be left with very little and may feel this is unfair. |
3 May 21, 09:36 PM |
#19
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Imagineer
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gov.uk/legal-aid/eligibility
There’s interesting information there about legal aid. It could be unlikely to be granted for contesting a will as it’s usually only given for serious cases where the claimant is at risk. It’s also based on your family’s income so there’s no guarantee you would be eligible for it. It is possible to successfully contest a will but you would have to prove that the deceased acted unfairly or was forced to not include you in the will or lacked the mental capacity when making the will. If the relative left you out of the will simply because they didn’t want you to benefit then it’s unlikely that you would win the case as it’s entirely up to the person making the will who they leave their estate to. That’s the whole point of making a will, to ensure the estate goes to the correct beneficiaries. I understand that it’s upsetting to not be named in a family member’s will but if you didn’t have a close bond with the deceased they may have simply not wished to name you as a beneficiary which is their prerogative |
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4 May 21, 12:02 AM |
#20
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Imagineer
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My husband's family should probably have contested his aunt's will but it wasn't worth the hassle or expense as her house wasn't worth very much. She had never had any children and only a sister and 5 nephews and nieces. She had been a part of their lives growing up and the eldest did always collect her for family parties etc. He also helped her out at times and lived nearby. Everyone expected her to leave some to him and her sister at least as she knew they could really use it and there had never been a falling out etc.
When she needed a career to visit regularly she often talked about how "nice she was to help" apparently missing the point that the women was being paid. After her death, her sister was pretty surprised to hear that everything had been left to the carer! Even worse if the carer had died first everything would have gone to her daughter. Unsurprisingly the lawyer acknowledged that the carer had brought her to do her new will and that he had no idea she had any family. The women hadn't even looked after her for that long a time. No one would have begrudged her a share either. I expect the family probably could have won in court but DH and 1 sister would have had to fund the legal fees and it just wasn't worth the risk.
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