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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 fathers will has just been granted probate,he died on the

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my fathers will has just been granted probate,he died on the 18 of january 2015,i have just found out that he changed his will on the 14 of august 2014 leaving everything to my brother.stating that he had not made a provision to me for personal reasons.it also shows my brothers signature on the will as executor so he was present.before this happening i was always in my fathers will.he was diagnosed with terminal cancer in june of 2014.also the will does not show any figures it just states i leave my estate to b.griffiths my brother, do i have grounds to contest this will?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Thank you for your question.
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 late father not to provide for you 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 you were not financially dependant on your father before he died or unless one of the factors above apply, it is unlikely that you will be successful in contesting the Will I am afraid.
May I help further?
Customer: replied 2 years ago.

i was included in previous will 5o% with my brother,i now live in scotland so was not around at my fathers illness.i find it strange he changed it 12 weeks before his death.also my father could not drive at the time of the new will and was on really heavy medication and my brothers signature is on the top of the will so i presume he took him there?also the witness have not dated there signatures the only date is at the top.also my father always maintained we would get half each.is it unusual not to have some facts and figures in a will as this just states "i leave my estate".

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.
You may wish to contest the will but it will be up to you to prove what you claim e.g. If your father was faced with undue influence, or lacked mental capacity when making the new will etc.
Such an action should be started within 6 months of grant of probate, so the sooner you instruct a firm of solicitors to act for you, the better. There is more reading here about contesting a Will in the circumstances you mention
http://www.access-legal.co.uk/free-legal-guides/A-guide-to-contesting-a-will-5006.htm#.VR2QtGIaySM
All the best
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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