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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70117
Experience:  Over 5 years in practice
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Hi, I am informed that I have been left £5000 in my parents

Customer Question

Hi, I am informed that I have been left £5000 in my parents Will Their property, which is being rented out at the moment, is left in equal shares to my two brothers. I believe the property will sell for around £200,000 - £225,000.

It's probably advisable to say that both parents died suffering, amongst other things, from dementia. It has also been a complicated and difficult family.

My questions are:

1. Can I contest the Will?
2. If contested, what are the chances of (a)winning (b)getting the proceeds shared equally between the three of us?
3. How long might it take to settle the matter?
4. approximately how much will it cost?

May I take this opportunity to thank you for the service you offer and for the work put into it.

Yours sincerely

john dennis
[email protected]
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

On what basis are you hoping to contest it please?

Is there any evidence that they were under undue influence please?
Customer: replied 3 years ago.

Hi jo,


I strongly believe my older brother intimidated my parents and the fear he instilled in them caused them to write the will as they did.


I saw him once as i walked passed the patio doors. I looked into the house and my dad was sitting in a chair, my brother was leaning over him and shouting in his face. He heard me as I walked into the room. He stood up then went and sat down. He used to ply my dad, who was an alcoholic with whisky too, so that he could convince him to do whatever he wanted.


This type witness evidence is all i have at the moment. I could ask my younger brother to make a statement but it wouldn't be in his interest to do it so i doubt that he would.


There is so much more i could say,e.g, money that went missing.


Mum and dad said to me so many times that he,d taken the house and stolen the deeds, but they'd deny saying anything if i asked him about it. It's only now, i think, i realise what they meant.

Expert:  Jo C. replied 3 years ago.

There are various means of contesting any will. If you are concerned that your parents were under undue influence when writing the will, or they did not have the mental capacity to write the will, or that any person involved committed fraud or forgery or under the Inheritance Provision for Family and Dependents Act if you were dependent on your parents or you are a family member and they do not make adequate provision for you. Obviously you need to have evidence to contest the will on any or all of these points.

It becomes much more difficult for you to contest the will if they have specified a reason in the will or in a separate "letter of wishes" covering why you have been left are disproportionate amount. The common reason is that they have not seen a child for some years or that there has been a falling out.

The amount that you have been left does seem completely disproportionate to the amount left to your other two brothers.

I think you have a good chance of contesting the will if you can raise some evidence covering the points above.

Contested probate is not cheap. If the brothers defend any application that you make it could take years to settle. You maybe able to find a solicitor that would deal with this on a no win no fee basis, but that might need you to make a lot of telephone calls. I think you would need to set aside at least £10,000 and perhaps even considerably more if you went to court and you lost.

Hope this helps. Please let me know if you need more information.


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