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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 Aunt died 13/3/2915 in Sheffield, England, UKI came from

Resolved Question:

My Aunt died 13/3/2915 in Sheffield, England, UK I came from Australia to the UK to represent my Mother who is the only surviving sibling. My Aunt was divorced and she did not have any children. A will has been found at her Lawyers office and the Executers and Beneficiaries are a Husband and Wife, friends of my Aunt. The Will was made in 1992 and as far as I know, there has been very little contact for quite a number of years. My sister and her husband visited my Aunt while on holiday to the UK last year in August / September. She said that she wanted my sister to take care of everything when she died and to see to the sale of her flat. She had not been taking care of herself, not eating and then cut herself off from everyone after my sister returned to Australia. She obviously has not changed her Will but I am wondering if I can contest it. Will be happy to provide you with further information. Regards, ***** *****

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 on behalf of your mother. Please note that there are strict timelines for contesting Wills (6 months from the date of grant of probate).

However, under English law, there is no legal obligation to provide for any adult person (be it a sibling, a parent or adult children) in a person's Will, so the court will ask whether it was unreasonable or not for your aunt not to provide for your mother or any other relative in her 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 your mother or any other relative was not financially dependant on your aunt before she died or unless one of the factors above apply, it is unlikely that your mother will be successful in contesting the Will simply on the grounds that your aunt had not changed her Will.

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