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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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When my father died he set up a trust in 1995 ,indicating

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When my father died he set up a trust in 1995 ,indicating that it was for the provision of income and support for my step mother. The remainder men were to be myself and my sister when she passed away. On his death anything in his sole name was sold to pay death duties as he had given away property and possions in legacies at the time. Anything in joint name was given to my step mother to live on. In fact she had to pay some inheritance tax at the time out of these funds as well. The house which was in his sole name was put into the trust and she lived there for many years until she went into a care home. At that time the house was sold and a monetary trust fund was set up from the proceeds and income from the trust was given to her to help with care home fees. She passed away this January. In her will she had mainly left the remaining funds which were my fathers to her son, apart from a few small legacies. I was a joint trustee with her and a solicitor from the time of my fathers death. His will stated that all chattels etc were to be placed in trust for passing on to his children on her death. Are we entitled to any monies after her death, or is she allowed to leave it all to her son, despite what my father declared in his will? Can you advise please.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It seems that you and your sister are entitled to challenge your step mother's Will as she did not follow your late father's wishes, under the Inheritance (Provision for Family and Dependants) Act 1975.

This is quite common i.e. step families contesting wills where their father left everything to their step mother and the step mother leaves everything to her own children and not provide for her step children.

So, yes, it seems you have a case.

All the best
Customer: replied 3 years ago.
If we contest the will what are the usual chances of success? Is it costly to contend and how do we do it?
Expert:  UKSolicitorJA replied 3 years ago.
It depends on what fees you agree with the solicitor, who should be able to say from the outset whether the chances are good or not.

If there is a good ground to contest, the chances of success are good. You should contest without delay if that is what you wish to do.

Hope this helps
Customer: replied 3 years ago.
At the moment we are dealing only with the solicitors who dealt with the trust and who are dealing with the probate of my step mothers affairs. Should I ask them about the fact tat her will does not concur with my fathers wishes
Expert:  UKSolicitorJA replied 3 years ago.
Yes, you may wish to ask them about the disparity if they are aware of anything.

All the best
Customer: replied 3 years ago.
Thanks. One final question.
Does the fact that what monies and shares my father left, and then went to my stepmother, were in joint name mean that she can will the estate to her son and not be influenced and bound by my fathers will and intentions?
Expert:  UKSolicitorJA replied 3 years ago.
If the money was held in a joint account, then it becomes hers automatically on his death under the rules of survivorship and passes outside of his Will (i.e. do not form part of his estate).

Hope this answers all your queries.
Customer: replied 3 years ago.
If shares and investments were held in joint name is XXXXX XXXXX in the same way? Ie hers to do with what she wanted.
Expert:  UKSolicitorJA replied 3 years ago.
Normally yes if jointly held with rights of survivorship but you should double check precisely how the shares and investments were held and operated.

I trust this clarifies. Please take a second to rate my answrs.
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