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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My sister died leaving a will and leaving all her money to

Customer Question

My sister died leaving a will and leaving all her money to charity.I am her next of kin can I challenge her will It was not mentioned in her will that I exist. She died in england
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that provided the Will was correctly executed (ie signed in front of 2 witnesses, who have both signed it), then you are unable to challenge to the Will.

A person is free to leave their Estate to whoever they wish, even if this is at the expense of a family member.

Only if you were financially dependent on your sister, would you be entitled to make a claim against her Estate. I don't believe, from what you have said, that this is the case.

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

Kind Regards

AL

Customer: replied 2 years ago.

My sister had had a long history of mental illness could that in any way help my case.

joseph

Expert:  Aston Lawyer replied 2 years ago.

Hi Joseph,

Thanks for your reply.

Do you know if the Will was prepared by a Solicitor, and if so, did he/she act as one of the witnesses?

Kind Regards

AL

Customer: replied 2 years ago.

I know that the will was prepared by a solicitor.

I do not know if she was one of the witnesses but I imagine yes or one of the other lawyers in the practice.

joseph

Expert:  Aston Lawyer replied 2 years ago.

Hi,

To get anywhere, you would need to prove that at the time your sister signed her Will, she did not have mental capacity. This would involve you obtaining medical evidence that your sister did not have mental capacity at the time.

If a Solicitor prepared the Will, she will have this issue in the forefront of her mind and if there was any doubt as to mental capacity, the Solicitor would either have had to satisfy herself that your sister was fine or if she was unsure, taken the advice of a suitably qualified expert. Her Solicitor therefore would not have proceeded if there was a doubt, as she would not want to have been left open to a potential claim.

So, I think you may find it an uphill struggle to pursue matters on this ground, but if you wish to go further, you are free to instruct a local Solicitor who will be able to chat to you face to face as regards ***** ***** set of circumstances.

I hope this assists.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.
Hi,
If you are happy with my Answers, I would be grateful if you could leave positive feedback.
Kind Regards
AL

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