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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10721
Experience:  I have been practising for 30 years.
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I have a query on my late father in laws will. I am the

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Hi I have a query on my late father in laws will. I am the widow of his eldest son who was unfortunatly killed in a road accident in 1989, I was widowed with our young son of 18months old. I have never remarried, I have kept in conntact and been involved with family occasions. My son and myself attended his funeral on the 11th April, I was given a copy of his will. I just want to confirm in law that it is fair. my son has been given 10% of his grandads estate, his younger brother and sister have been given 45% each. I was not mentioned, can you advise me if this is fair in law , Thank you , Linda.

Hello for clarification - so the only living relatives are his younger brother and sister?

and you have his grandson is this correct?

F E Smith and other Law Specialists are ready to help you
Customer: replied 3 months ago.
He dose have other grandchildren from his younger brother and sister.mt sons cousins.

I have some standard dialogue on contesting Wills which I will post below. Although 1 below potentially applies here, it isn’t a good claim and I think that 2 or 3 are more likely. The others I have just added for completeness.

I will endeavour to ring you at about 6:30 PM.

Wills and estate admin can be contested on various grounds

1
If a person doesn’t provide for dependents, children incl adopted children of all ages and a spouse (but not step children unless they have been treated as the deceased’s own children) in a will it can contested by making a claim under the THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975.

Details are here

http://www.rollingsons.co.uk/The-Inheritance-Provision-for-Family-and-Dependants-Act-1975.shtml

and here

http://www.disputed-will.co.uk/news/?p=1

2
Undue influence if it is thought that the person making the will had been “got at" when drafting the will.

3
Or if, when drafting the will the person lacked mental capacity/didn’t know what he/she was doing

4
Fraud

There are strict time limits for contesting will under 1 above of 6 months from grant of probate.

Claims under 2 or 3 above 12 months from the date of death.

Claims under 4, no time limit.

http://www.probate.uk.com/how_long_contest_will.html

The
5

Promissory Estoppell. This is a technical legal doctrine not used very often. It says that if anyone has been promised something during the lifetime of a person and they relied on that promise to their detriment then they are entitled to have whatever was promised. The classic case is indeed the young man on the farm, who is told by the old man “don’t go off to seek your fortune son, but stick with me and work on the farm and I will leave it to you when I die,”.

So the young man doesn’t go off to seek his fortune and stays and works on the farm and it turns out that when the old man dies he leaves everything in his estate to the prize cow, Daisy or his new girlfriend, who is 30 years younger than he is.

In that case, the young man having given up a future (to his detriment) on the basis that one day (he was promised) the farm would be his and he believed it and relied on it, he can get a court order that the farm is transferred to him. Such claims are not cheap or quick to bring in do require a large burden of proof of the promise and reliance to detriment.

I apologise for not calling you back yesterday. I put it in my diary and then got called out at 5:30 PM and wasn’t back until late. Are you available now? I am available all morning.

Customer: replied 3 months ago.
Please could you call me today after 4pm. Linda Smart.

I have set my alarm