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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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My father made a will leaving everything to his three children

Customer Question

My father made a will leaving everything to his three children and made some provision to his partner of two years, she is contesting the will and wants the lot. Wear do we stand.
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to the site. My name is Max and I will help you with your question.

Max Lowry :

Can you tell me the basis upon which she is contesting the will please?

JACUSTOMER-pmyxx7d3- : Because they had just been engaged and were planning to get married, he told us he had no intension of getting married. He was 79 years old when he died.
Max Lowry :

So on what basis does she say she should get more - simply because they were going to be married?

Max Lowry :

You see, there are only two grounds to challenge a will. They are (a) that the person making it didn't understand what he was doing and (b) there was some manipulation of the person that was making the will (undue influence).

Max Lowry :

Neither of those sound like they apply in this case.

Max Lowry :

Would that be right?

JACUSTOMER-pmyxx7d3- : She is angry because she was left out of the will,but she was left a £20000 car @£6000 isa
Max Lowry :

Being angry or dissapointmed about the will isn't a good reason to challenge it.

JACUSTOMER-pmyxx7d3- : Our solicitor she is entitled to at least a quarter share.
Max Lowry :

your solicitor is entitled to a share, you say?

Max Lowry :

Or your solicitor says she is entitled to a quarter share?

Max Lowry :

Was she dependent in any way upon your father?

JACUSTOMER-pmyxx7d3- : She
JACUSTOMER-pmyxx7d3- : she had her own house that she let out and two private pensions.
Max Lowry :

Okay - I'm not hearing anything from you that makes me think the will can be properly challenged here.

JACUSTOMER-pmyxx7d3- : ok for now, thank you
Max Lowry :

Overall, I don't believe that there are proper grounds from what you've said to challenge the will.

Max Lowry :

Does this answer your question?

Max Lowry :

Is there anything else you would like to ask me?

Max Lowry :

Please remember to rate the answer as highly as you can for me.

Expert:  Nicola-mod replied 4 years ago.

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