How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

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.

May I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice