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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father has lung cancer and not a good prognosis. As the

Customer Question

My father has lung cancer and not a good prognosis. As the oldest (57yrs) of five children from three different marriages. He is keen to tell me that the youngest children of last marriage (30 and 27yrs) will be getting the bulk of the estate. I am 57 with a disabled son who will need care for life. Under the Inheritance Act 1975 what are my grounds to contest when it comes to probate.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What financial support does he give you at the moment?
Clare
Customer: replied 1 year ago.
Nothing
Expert:  Clare replied 1 year ago.
Do you have any reason to think that your father was not of sound mind when the Will was made?
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
Then I am afraid that your chances of challenging the Will are remotethe grounds for challenging a Will are herehttp://www.hughjames.com/service/contested-wills-trusts-and-estates/contesting-a-will/grounds-for-contesting-a-will/#rectification-and-construction-claimsYou also have little chance of an Inheritance Act claimhttp://www.sheddenfamilylaw.co.uk/inheritance-act-fact-sheet.phpI am sorry not to give you better news - please ask if you need further detailsClare
Customer: replied 1 year ago.
That's not my reading of the Act, it states that immediate family not made provision for can claim. As I the recent case where a daughter was cut out of her mother's will in favour of cat charities, this was successfully appealed.
Expert:  Clare replied 1 year ago.
Yes it was - because everything went to Charities with whom the Testator had no long connectionThe fact that you are not financially dependent on your father who has (apparently) chosen other children above you makes a claim unlikely.You would have to show that you had "a reasonable expectation of having his living costs met by the deceased"

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