There are 4 daughters. They appear to be Joanne, Melanie Sally and Lynn.
Simple enough, Joanne, Melanie, and Sally get £10,000 each (4.2) and everything which remains (5.3) becomes the Trust Fund. The Trust Fund goes to Lynn (6.1). However the following clause says that if Lynn dies, it goes to her children. There is no provision for any discretion with regard to that Trust Fund but it seems a very odd way of laying this out if there was not going to be the provision for her to exercise discretion which there is not. There would normally be wording in will that Lynn was to use her discretion to divide the proceeds.
I also cannot see why Lynn would have to use her discretion and why your father didn’t simply split everything for ways.
Looking at the signature part, it appears that the witnesses were staff from the solicitor’s office and hence, your father visited the solicitor’s office in April 2015. The fact that this will was drafted by solicitors would not assist in bringing a claim.
There are various ways of contesting the will.
Undue influence if your father was somehow persuaded to change his will against what he would ordinarily have done. That’s a possibility here.
Lack of mental capacity if there is medical evidence to prove he didn’t know what he was doing.
Fraud although there is no suggestion of that.
If he made any promises to you relied on those promises you may be able to rely on Promissory Estoppel.
And finally, the statutory provision, the Inheritance (Provision for Family and Dependents) Act if he failed to make adequate provision for your family or dependents without good reason. That is a possibility.
Contesting a will is not cheap although if the three sisters clubbed together, it would spread the cost and risk of bringing the claim between you. If Lynn took your father to the solicitors even though she may not have been present in the room when the solicitor took the instructions, that assists you in improving that she did influence him if there is no other evidence why he should make such a disproportionate will.
Faced with a claim by three sisters and this will in such disproportionate terms without any valid reason, I will tell you that Lynn does not have a good case to defend any action.
There is one other thing which is quite important particularly in view of the fact that solicitors drafted the will, and that is that the solicitors may not have been made aware that (5.3) “what remains (“the Trust Fund”) equated to 268,000 and even without these legacies, each of the sisters would get £10,000 each Lynn would get the trust fund which equated to £230,000 plus. Lynn may have played this down to say that she was happy for her 3 sisters to get £10,000 each and that she, Lynn would be happy with the crumbs from under the table. Expensive crumbs!
Can I clarify anything for you?
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