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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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, How can I go about contesting a will in the UK when I live

Resolved Question:

Hi, How can I go about contesting a will in the UK when I live in Brisbane, Australia? When my father died he left his entire estate to his wife of many years (who is not my mother). When she passes away I want to contest her will because my father made no provision for myself or my son (his grandson) who are his only living relatives. He and his wife had no children and no other living relatives.
My email address is *****@******.***
Please help - I'm desperate!
Thank you, Liz.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You may instruct a firm of solicitors in the UK to assist you with the process of challenging the Will and there are strict timelines for contesting Wills (6 months from the date of grant of probate).

You would be better off contesting your father's Will and not his wife's. However, under English law, there is no legal obligation to provide for adult children in a person's will, so the court will ask whether it was unreasonable or not for your father not to provide for you or your son in his Will.

The main grounds considered are as follows:
the financial resources and needs (now and in the future) of the applicant;
the financial resources and needs (now and in the future) of other applicants
;the financial resources and needs (now and in the future) of the beneficiaries of the estate;
the obligations and responsibilities of the deceased towards any applicant or beneficiary of the estate
;the size and nature of the net estate of the deceased;
the physical and mental disabilities of the applicant or any beneficiary of the estate; and any other matter which the court might consider relevant, including the conduct of any parties.

If neither you nor your son were financially dependant on your father before he died or unless one of the factors above apply, it is unlikely that you will be successful.

Hope this helps
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Customer: replied 2 years ago.

Thank you for your response. I have 2 problems which seem to be insurmountable.

Firstly, my father passed away in October 2012 so it is too late to contest his will. Secondly, I have been in email contact with 2 different solicitors in London and neither is able to assist me by acting on my behalf unless I come and see them personally!

In regard to the "financial resources & needs of the applicant" all I can say is that I am in my mid 60's and suffer from cardiomyopathy - I am unable to work because of this condition and am of very limited means.

I am my father's illegitimate child and he has never paid a penny for any kind of support to either my (deceased) mother or myself. His estate is quite substantial and includes a 3 bedroom house in East Acton, London as well as savings and investments. I lived with him & his wife for about a year in the early 1970's after I separated from my first husband.

Some advice from you would be appreciated as to how I can find a solicitor in London who may be willing to represent me without me having to go there personally.

Regards, Liz.

Expert:  UKSolicitorJA replied 2 years ago.
I am afraid you just need to keep looking around until you find a solicitor who is able to assist you.

Perhaps referrals from friends or family in the UK.

It appears to be too late to contest your father's Will successfully I am afraid.

Sorry, but I don't see much of a case here in your favour and I have a duty to advise you truthfully.