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3 May 21, 01:30 PM |
#1
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Imagineer
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Has anyone sucessfully contested a will?
Hi
Don't want to give details but may need to make a claim or contest a will of someone who passed. I have heard its a long process, can be stressful etc, hoping for no win no fee if do proceed. Just wondering if anyone out there has been through it? Thank you |
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3 May 21, 01:38 PM |
#2
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VIP Dibber
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I have never personally contested a will but I used to be a solicitor (I no longer practice) and have some experience of probate matters including a few contested wills.
You really need to speak to a solicitor and outline your case, they will advise if you have a reasonable prospect of success. Personally speaking contested wills cases I have been involved in have always been fraught with emotion and draining both financially and mentally for all parties involved. It’s definitely not an action to be pursued lightly. I’m in NI, where conditional fee agreements (no win no fee) are not allowed, so I can’t advise on that aspect. Edited at 01:42 PM. |
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3 May 21, 01:50 PM |
#3
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Imagineer
Join Date: Aug 18
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I think I did. Not too sure if that’s what it was.
My dad died when I was 17 and left us nothing. He had changed his Will very shortly before he died to his new wife. We did something in that I got some money. It’s was for maintenance that he hadn’t paid and for universities fees I think. Something like that. It was a long drawn out process. Took about a year. Wouldn’t say it was emotional as I couldn’t care less about my step mum who walked away with over £300k. |
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3 May 21, 02:24 PM |
#4
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Very Serious Dibber
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3 May 21, 02:57 PM |
#5
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Imagineer
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We are in Scotland where it's different. DH father died leaving it all to his very new wife ( few months married). However you cannot exclude your children from some inheritance and the solicitor contacted us saying we were to receive xyz. No contesting & a straight forward process. New wife & her adult children did very well & got the majority ( house car etc). DH got a few pounds( paid for a new lounge carpet).
Edited at 03:01 PM. |
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3 May 21, 03:14 PM |
#6
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Imagineer
Join Date: Aug 18
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It’s fine. Dad stopped talking to me and my sister just after his wedding. I went back a few times to try and it just wasn’t the same. It used to bother me a lot and really upset me. Then I had my two girls and it doesn’t affect me anymore. I could never chose a partner over my kids.
Good luck with the contest snowball |
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3 May 21, 03:19 PM |
#7
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Imagineer
Join Date: Sep 14
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No experience myself, but a friend did this as her mom and sister disagreed with what the husband/father had put in his will, not sure who won but my friend never spoke to her mom or sister again because of it, really sad x
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3 May 21, 04:35 PM |
#8
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VIP Dibber
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I've had a memorandum of wishes included with my will to try to ensure that my effects are passed on as I decide. This was on the advice of my solicitor to deter any contest (not that I've got that much to leave to make the cost worthwhile to challenge) 😕
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3 May 21, 05:24 PM |
#9
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Very Serious Dibber
Join Date: Oct 16
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No personal experience but I have a relative who borrowed about £20,000 from another relative to fund the process of challenging a will, and fortunately it paid off. An elderly farmer with no children had always indicated that he would share his land between his 2 nephews, but in a mysterious late change to his will it was left to just one of them, the one who did nothing to help over the decades but got close to the old man in his final months.
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3 May 21, 05:38 PM |
#10
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Imagineer
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I know someone that contested his nans will
She left more to his mum and his sister , as he’d had money when he was younger . He didn’t think this was fair . It went on for about 18 months , ripped his family apart and landed him with a large bill when he lost the case . |
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