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Ask Joshua Your Own Question

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hello again, You suggested I start a new question with reference

Customer Question

Hello again,

You suggested I start a new question with reference to what we discussed previously regarding potentially challenging my mum's will.

As we stand at present, communication between my family and myself has now ceased. Any further communications will be conducted through the relevant legal channels.

My question today is this... what, if anything can we do with regards XXXXX XXXXX the terms of my mum's recently updated will, as per the details in my previous question? For example, is there any way that I can block the probate for my mum's estate, bearing in mind that at the moment, as far as I am aware, she is still with us, but she may not have very long.

The outcome that I personally deem fair for all parties concerned is to revert to the previous will, which would give an equal division to all three parties, which in turn would enable us to go our own seperate ways.

It should be noted that my sister recently pleaded with me on two occasions stating that she would like to look after my brother. Unfortunately, no mention was made of the fact that she intended to do that at my mum's property, essentially for the rest of his life.... after which, the property would be sold. The problem with this is two fold, firstly, my brother could live another forty plus years, therefore, by the time he finally passes away, both he and I could potentially be 90 plus years of age. My sister and her family would also have enjoyed a rent free lifestyle throughout... this is hardly fair. At no time was this intimated, and at the time I responded to this by saying 'whatever you think is best'. If she had told me the full facts of her intentions... I would clearly have said no.

Without my sister's manipulation, I do not believe that my mum would have changed the terms so drastically. Unfortunately, my mum seems to forget that she has three children... not two.

One other point to note is the fact that my sister currently lives just minutes away from my mum. For the past 10 plus years, she has resided, along with her husband and one of three adult daughters, in a secure tenancy 3 bedroomed council house. Naturally, I assumed (wrongly) that she intended that my brother would move in with her and her family. She stated at the time that my brother living with her would offer a solution and that my brother got on well with her husband. As previously mentioned, my sister is no more qualified to look after my brother than I am... obviously I now understand fully what her motives were, and why she was so insistent.

It could be worth me mentioning that my mum's property alone may currently have a value in the region of £400,000, therefore, a division as per the original terms would still give my sister ample opportunity to purchase either her current property or similar, thus giving lifelong security to my brother.

Basically, I need to know whether in your opinion, I have any reasonable chance of challenging the terms of the updated will. Obviously, time is of the essence, and due to the fact that I have meagre resources, I have to make every shot count with regards XXXXX XXXXX legal action that I may take.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

If your mother were to pass away leaving a will in terms you suspect you could enter a caveat to prevent probate being obtained and seek to challenge the will on the grounds of lack of knowledge and approval of the contents on the part of your mother. Alternatively you could seek a claim under the Inheritance Act for reasonable financial provision which claim would require that you lift the caveat and allow an application for probate to take place making a claim within 6 months of the issue of a grant of probate.

Joshua :

In any event a caveat will give you some breathing space and allow you to negotiate and fact find

Joshua :

You can enter a caveat using a specific form or alternatively just by sending the required information to any probate registry with a fee (from memory the fee is £13). The information you must provide is as follows:

a signed request, asking for a caveat to be entered

the full name and date of death of the deceased, as recorded in the register of deaths, (in addition, you may also give any other names used by the deceased).

the last permanent address of the deceased.

your own name and address. This is the address to which any papers or correspondence relating to the caveat will be sent or served upon you. This must be an address in England and Wales.

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