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F E Smith
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Category: Law
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Experience:  I have been practising for 30 years.
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My father is dying and informed me today he is leaving s

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My father is dying and informed me today he is leaving his estate to my half brother yet when my mother left my father he promised that I would inherit her half as she took nothing in the divorce can I contest this wil ?

What are you being left? Nothing? Something?

Why is he doing this?

Is he of full mental capacity?

Is the half brother same father but different mother?

It would help us if you could explain the situation in detail please.

Customer: replied 1 year ago.
My father and husband fell out five years ago my father then cut all ties with me, up until then the estate was half each to my half brother( my father different mother) and half to me. there was a will to this effect. My mother and father bought the estate in 1948 in 1983 my mother left a very abusive marriage they divorced but he threatened if she tried to take any thing he would burn it down! . But then when things mellowed my mother made him promise that whatever half of the estate would be mine and he did willingly . My father is now dying and I still love him very much so visited today, but all he was interested in was telling me that no longer was having any of his estate! Do promises no longer stand for any thing?. I look forward to your response . Kind regards. Sharon Symonds.
Customer: replied 1 year ago.
I used to do every thing for my father , his tablets, hospital app bearing in mind I used all my holidays from work for this . Since he cut all ties with me my half brothers mother has been doing every thing for him but they split up 15 years ago so I think there may be some influence from her. I am so upset by this , I just went to visit my father as he is dying but got this response!

You can’t make your father change his will but you can challenge it if he doesn’t make adequate provision for you, a child, in his will. That may not actually be 50% or an equal proportion with your sibling but it needs to be an adequate portion. The statutory provision is the Inheritance (Provision for Family and Dependents) Act. It doesn’t matter that you were not on good terms or even estranged.. There is a very limited time window to bring claims under the Act of six months. You can only bring the claim after the death. You can also contest a will if you can prove fraud, undue influence from a third party, or lack of mental capacity. If your father had promised you something (rather than promising your mother) you may be able to enforce that promise if you relied on the promise to your detriment. However, he did not promise you, he promised your mother so that doesn’t really apply.

It is only the Inheritance Act which appears to apply to your circumstances.

There are lots of articles on the Act and here is just one

If you get with your half brother rather than have the argument and potential litigation, he may simply agree to ignore your father’s wishes and divide the estate with you. You know him. I don’t.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid. We can still exchange emails.

Best wishes.


Customer: replied 1 year ago.
Just one more question, do you think I have a chance of contesting the will when he dies? My little brother will laugh in my face ! It's plenty of beer and drug money for him.

Inheritance Act claims are not easy to bring but there are lots of firms on the Internet advertising for this work. However they do have a good success rate and the majority of claims settle out of court purely because they do have a high success rate particularly with straightforward circumstances like yours when your father has simply written you right out of the will for no logical reason.

It is certainly worth investigating.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.
Kind regards
Sharon Symonds.