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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I am 45 years old and the third and youngest daughter; my mother

Customer Question

I am 45 years old and the third and youngest daughter; my mother died with 2 months of my birth and my aunt and uncle on my mothers side of the family looked after me ever since. I have had a few short meetings with my biological father who is now ill and remarried with 5 children from his wife's first marriage.
My father kept my 2 elder sisters with him as they were older than me and he couldn't cope with a baby at the time of my mothers death but never maintained a relationship with me even though he expressed he would like to; he also has never paid any contributions to my upbringing.
My biological father is ill and I have been led to believe that I am written into his will but I do have doubts. I am trying to be proactive and prepared for when the will is read and if I am not included. Would I have grounds to contest his will?
Submitted: 3 years ago.
Category: Family Law
Expert:  Kasare replied 3 years ago.
Hi thank you for your question, I will assist you with this.

I am afraid that in England and Wales people have the right to leave their estate to anyone of their choosing in a will. If you are not included in his will, and there is a specific reason why you believed you would be, then you possibly be able to challenge the will on one of 5 grounds:

Lack of "testamentary capacity"
Lack of valid execution
Lack of knowledge and approval
Undue influence
Fraudulent wills and forged wills

However, it can be very costly to challenge a will.

It is only if he did not prepare a will that you as his daughter would potentially have the right to claim a portion of his estate, depending on the size of the estate (if it is less than £250,000 it is unlikely anyone other than his wife would inherit).

I appreciate that this is a difficult time and possibly not the answer that you wanted to receive, but I can only provide you with the correct answer in law.

If you have any other questions regarding this, please ask.