Is your aunt of full mental capacity?do you think she’s been pressured into doing this or is she doing it of her own free will?
Do you know that she has already done this? How’d you know? Did she tell you?
Does she have any children?
Under the Inheritance Provision for Family and Dependents Act, it is possible for a spouse, child, anyone who is been treated as a child or anyone who is being maintained by the deceased to make an inheritance act claim to get money from the deceased’s estate.
Under section 1 of the Act it applies in respect of spouse or civil partner, a former spouse or former civil partner, a child, anyone not a child but treated as a child or anyone being maintained wholly or partly.
Under the provisions of the therefore, grandchildren have no claim to make.
They would therefore have to bring a claim on the basis of undue influence because, from what you have said, lack of mental capacity is certainly not on the cards.
There would be no legal aid for that and they would be faced with paying their own legal costs.
Can I clarify anything for you?
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I can still clarify things for you.
I can understand that it really galls you but the grandmother seems to be adamant.
Perhaps it is understandable if the grandchildren have not been near her to support her for years and yet the neighbour has.
I’m going to be brutally honest with you and tell you but I don’t think the grandchildren have a good case for undue influence because the grandmother does seem to be very strong-minded. If she has done a letter of wishes explaining why she has done what she has done, then the chance of the grandchildren winning is remote.
If the grandchildren decide they don’t want to pursue this, and they lose, it could cost them tens of thousands of pounds in legal costs.