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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am the eldest of 4 Sisters surviving our recently deceased

Customer Question

I am the eldest of 4 Sisters surviving our recently deceased 5th Sister. During the latter stages of our deceased Sister`s illness she asked me to be Executor of her will. She told me that the value of her estate was in the region of £40,000 and that she wanted to leave this to our youngest Sister (my Sister passed away with no children) who lived with her. Since her death numerous stocks,shares etc have been uncovered and the actual value has risen to in excess of £100,000. As no actual value was available at the time of the will being written and signed our youngest sister potentially could receive all of this amount. Can we, as her surviving Sisters, challenge this?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were any of you financially reliant on your sister?
Do you believe that your younger sister pressured your sister into leaving her her estate?
Clare
Customer: replied 2 years ago.

Hi Claire. No none of us were financially reliant on my sister. Our youngest sister lived with her after our Mother and Father died. She claimed/claims benefits (including carers allowance when our sister fell ill) She also has an addiction problem with prescription drugs and cannabis. As Sisters and after speaking to our Sister as she was gradually dying we had no problem with the initial bequest based on the original estimate of the estate.

Expert:  Clare replied 2 years ago.
HI
I am sorry but whether or not she was fully aware of her extent of her estate your late sister made a Valid Will and there is no basis on which it can be challenged simply because the Estate is larger than expected.
You can read more about the basis on which Wills can be challenged here
http://www.hughjames.com/service/contested-wills-trusts-and-estates/contesting-a-will/grounds-for-contesting-a-will/
I am sorry to give you bad news - please ask if you ned further details
Clare