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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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my adult brother was excluded from my mothers will she left

Customer Question

my adult brother was excluded from my mothers will she left everything to me.. if my brother makes a claim under the 1975 inheritance act [ the estate was around £178k ]
is he likely to awarded anything from the estate ?
and what might my probable legal fee be
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

UKSolicitorJA : Hello,
UKSolicitorJA : was he financially dependent on your late mother?
UKSolicitorJA : Why do you see him contesting her will?
JACUSTOMER-oev5oww2- :

no he was not financially dependent on my mother.

JACUSTOMER-oev5oww2- :

the solicitor dealing with the will says my brother may have a claim under the 1975 inheritance act.

JACUSTOMER-oev5oww2- :

I see him possibly claiming for 2 reasons they are... greed and there are alot of firms out there

JACUSTOMER-oev5oww2- :

who contest wills on a no win no fee basis

UKSolicitorJA : Thank you
UKSolicitorJA : There is no legal obligation to provide for adult children in a person's will
UKSolicitorJA : although there is a moral argument for doing so
UKSolicitorJA : if no provision is made, the court will ask whether it was unreasonable or not for your late mother not to provide for your brother in her Will
UKSolicitorJA : The main grounds considered are as follows
UKSolicitorJA : the financial resources and needs (now and in the future) of the applicant;the financial resources and needs (now and in the future) of other applicants;the financial resources and needs (now and in the future) of the beneficiaries of the estate;the obligations and responsibilities of the deceased towards any applicant or beneficiary of the estate;the size and nature of the net estate of the deceased;the physical and mental disabilities of the applicant or any beneficiary of the estate; and any other matter which the court might consider relevant, including the conduct of any parties.
UKSolicitorJA : I have insufficient information at hand to say whether or not it is likely that the court will vary her Will in favour of your brother
UKSolicitorJA : your legal fees may be a few thousand pounds
UKSolicitorJA : If there is a good reason for your late mother shutting your brother out of her will, then it is unlikely that he will get anything
UKSolicitorJA : can I help further?
JACUSTOMER-oev5oww2- :

as both my brother and I have similar financial resourses and are both in good health [ so no special needs ] is a court likely to uphold

JACUSTOMER-oev5oww2- :

my mothers will?..... and if he does kickoff is it worth taking to a high powered / high profile firm and perhaps seeing if they can act for me after all quality can often prove the best value for money over the long term

UKSolicitorJA : All the best
UKSolicitorJA : Yes, a court may uphold your mother's Will if he is on equal footing as you and having a good firm of lawyers acting for you always helps.