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Buachaill, Barrister
Category: Law
Satisfied Customers: 11304
Experience:  Barrister 17 years experience
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Very sadly, My husband's mother cut us out of her life and

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Very sadly, My husband's mother cut us out of her life and then her Will when we got married and had children.My husband is the eldest and his mother has treated him quite badly though out his life, possibly because she didn't like his father and he it very Simular. His story is very like the Cinderella story. He wasn't ever treated in the same way as his younger brothers and sisters.My mother-in-law wasn't a mentally stable lady and it seems like her youngest 2 children have taken advantage of this. She was a very wealthy lady, and even though one of the younger siblings also cut contact for at least a year before she died, everything is to go to her and the other brother.We feel it is unfair as she never played a part in our children's lives, physically or financially like the other grand children that she had. not only would it have been lovely for our children to have a gran, but we have really struggled with our daughter who has autism. We could have really done with support emotionally and financially. Our daughter is 13 yrs in a special school and we are concerned about her future as she will probably never have a job, which is prompting me to write this e-mail to see if there is any point in trying to could contest the will?we don't even know how to get a copy of the will.Any advice would be much appreciated.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Your husband can contest the will under the 1975 Inheritance (Rights of Dependents) Act which gives him a cause of action to have the distribution under the will changed to include him if he can show some form of financial dependency upon his mother. As you have a child in a special needs school, this would certainly give some form of financial dependency. At the very least, your husbands cause of action has a nuisance value in that the estate would have to pay legal fees to fight him off. So, at worst, it has a settlement value. At best, ***** ***** have a good value.

2. I would advise your husband to see a solicitor who is experienced in Wills & Succession law and who can issue legal proceedings against the estate. Be aware that any action has to be taken within six months of the will being admitted to probate. So, don´t delay in seeing a solicitor and getting legal proceedings issued. Your solicitor can check with the District Probate Registry in Leeds to see if the will has been admitted to probate yet. You can do this yourself as there is an online method whereby you can provide details of the deceased and his date of birth and death and they will tell you if the will has been probated and ifit has, they will provide a copy of the willl. A will is a public document once it is admitted to probate. So, you can find out its contents in this way.

3. I hope this is of assistance to you and your husband. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

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