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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My father died 2 year ago with asbestoss in the lung. he

Customer Question

My father died 2 year ago with asbestos's in the lung. he was left a lot of money and wanted me and my two sisters to have it shared between us if anything happened to my mum. unfortunately he did not leave a will. My mum disinherited me from the will she died July 2013 I did not contest as I thought it was her wish. The money was distributed 4 months later I was told from my sister it was in case I contested. I have also been told by both my sisters my mum had wanted me back in the will my youngest sister and executor said she would do it after she had been on holiday. My mother died. I have now been told there is more money coming from America for my father but will be shared to the people in his will can I contest this or is it too late. thank you
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, have a time limit of six months from the grant of probate. You need to find out whether probate has been granted, if it has not been granted, you could be within the time limits to challenge the Will even though your late father passed away 2 years ago.

The court does have discretion to allow an extension but I do not see any good reason in your case I am afraid as it seems to be motivated by the fact that additional money is coming in.

You should be warned that your needs will be judged against your capability to maintain yourself to an acceptable standard and if you do not have any disability, you will find it difficult to get an order in your favour as there is no “moral obligation" to provide for adult children as per the case of Garland v Morris, 2007.

Hope this helps and sorry if this is not what you wish to hear.