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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My parent has cut me out of the will completely, with no explanation

Customer Question

My parent has cut me out of the will completely, with no explanation given in the paperwork. This parent was very annoyed at the 'embarrassment' caused socially when I divorced an abusive husband. I still have a share left to me in trust by the other parent, which was tied up in a trust, but it is effectively less than 25 percent of the final estate. My sibling is retired comfortably, lived with both parents until their deaths, and chose never to purchase property, despite having a professional salary and the means to do so. I have a house, which is in a poor state of repair, and no pension. Do I have a hope in hell of successfully contesting the will?
Submitted: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Yes, you have a reasonably good chance of contesting the Will, in fact there was a court of appeal ruling last month which ruled in favour of the claimant who was in a somewhat similar position to you, see here
http://www.telegraph.co.uk/news/uknews/law-and-order/11766651/Your-will-can-be-ignored-say-judges.html
Hope this helps
UKSolicitorJA and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello, thank you for replying. My sibling has pension investments and is most probably worth considerably more than me. The argument made to me today was that the parent felt as I already had a house my sibling needed the lions share of approximately 700-800k of the house. My understanding is the 25 percent tied up in a trust to protect my previously deceased's parent inheritance tax cannot be touched, or I would have lost that too. I have no pension, and am self-employed. My surviving parent used to taunt me last year with my lack of funds and precarious financial position. The will was changed last March. I was not told, and my sibling knew just about every detail. Whilst I was resident at the family home I received abuse from this sibling. I suspect that the opportunity to influence my frail parent was seized and used against me.

Expert:  UKSolicitorJA replied 2 years ago.
Noted. Good luck if you decide to contest the Will.
All the best
Customer: replied 2 years ago.

Hello

I have some good news. My mother made in invalid will, most probably due to a combination of blood poisoning relating to liver failure and other multiple health problems. My brother believed he was due to inherit approximately 80% of a £1 million estate (roughly). She led him to believe that there was a trust fund in my father's name, and he would need to buy me out of that. It turns out that the house was in my name, mother's and my brother's as tenants in common. The house is the principal asset. A caveat is in place, the solicitors have been informed, (drew up the will and appointed as executors by my brother). It is most likely that the previous will is the valid one. My brother can choose to acknowledge me as a co-heir, or face legal bills.

There is still a long way to go, but I am not disinherited, far from it. Your advice the evening my brother told me he had everything, probably saved me from complete despair!

Many thanks

Jane

Expert:  UKSolicitorJA replied 2 years ago.
Hi Jane,
I am not surprised to hear this and glad I was of help.
All the best
Customer: replied 2 years ago.

Hello

I thought I would give you a quick update. It turns out I have a full one third share of the house, free of any trust. My brother has also been using my late mother's pensions to pay for household utility bills, household insurance and my mother's credit cards. I have frozen the bank account, and will inform the police. I have found a solicitor who is going to supervise my own investigation, and she is confident, considering the fraud, and my mother's ill health (blood poisoning from liver failure affected her mind) overturning the will is going to be relatively easy.

Thanks

Jane

Expert:  UKSolicitorJA replied 2 years ago.
Very good to hear this Jane.