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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My grandmother died. 2012. She left me 1000 pounds, I have

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My grandmother died. 2012. She left me 1000 pounds, I have received. She left my mother 70000 pounds. My mother died the following august. My stepfather now has this money. My mother was estranged from her mother for 38 years. I suspect money was the reason she became reconciled. My mother and stepfather fell out with me when I left home to live with my future husband 27 years ago. For some reason my grandmother stopped contacting me I beleive this was because of my mother getting back with her. My mothers illness and death was kept a secret.other members of my family beleive my grandmothers money should have passed to me. Do I have a right to challenge my stepfather for this money?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hello there,

 

Thanks for your enquiry.

 

As your mother was alive when your grandmother died, she was legally entitled to receive the legacy of £7000 and there are no grounds on which you can dispute this.

 

Likewise, if your stepfather has now in effect received these monies from your mother, then you have no legal right to challenge this.

 

I am sorry this is not the answer you were looking for, but it sets out the legal position.

 

Please feel free to reply if you need any further clarification.

 

Kind Regards

AL

 

 

Customer: replied 3 years ago.
Thank you, XXXXX XXXXX perhaps I should have challenged my grandmothers will as my mother and stepfather revoked a power of attorney and changed my grandmothers will. My cousins were the holders of this power and have been disinherited by my grandmother after she became reconciled with my mother. This greatly surprised me as my one cousin was my grandmothers favorite and could do no wrong. My cousins mother sister to my mother did get her inheritance.
Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

Thanks for your reply.

 

Despite what you say, it is very hard to challenge a Will, and indeed your grandmother herself would have had to instruct a Solicitor if she wanted to update her Will and this is not something your mother would have been able to do without your grandmother agreeing. Likewise, us Solicitors have to make sure that whenever we take instructions for a Will that our client (your grandmother) appears perfectly of sound mind to make a Will and is not being pressurised by a third party to sign it.

This is because we do not want to be left open to someone challenging the validity of the Will as the only grounds where a challenge would be successful is where the person making the Will was not of sound mind or where undue influence was being used to get that person to change her Will. Even if undue influence was the reason why your grandmother changed her Will, without any cast iron evidence of this, you would not be successful.

 

On a side point- Even if you had made a challenge, you are more than likely going to have had to spend at least £5,000 in legal fees.

 

I am sorry I haven't told you what you were hoping to hear.

 

Kind Regards

AL

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Customer: replied 3 years ago.
Hi Al no worries I was not expecting the dream answer! There is a lot more history to this story and I realize there is no easy win without considerable cost financially and emotionally. My stepfather was a bully and managed to cut off my mother from her family , one part of me would love to shake him by challenging him. I am still afraid of him even though I am 52 years old and a confident person. The wise part of me says admit defeat and leave well alone,a bully with the law on their side will always win. He has no conscience he did not let me know my mother was ill or when her funeral was. Thank you for being clear.
Expert:  Aston Lawyer replied 3 years ago.

 

Hi Marion,

 

You may have missed out but you haven't lost. What goes around comes around in life, so he will be the loser in the long term.

 

All the Best.

 

AL