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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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This is related to my other emails. If the natural child

Customer Question

This is related to my other emails. If the natural child disputes my claim what grounds does he has for that?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstAs I understand it your mother has left all her Estate to your sibling in her Will.You wish to contest thisThe information that is needed iswere you financially dependent on your mother in any way?who is named as Executor?how much is the estate worth?
Customer: replied 2 years ago.
My adoptive mother left all her estate to the adoptive natural born son (who came 6 years after my adoption) and their grandchild. I was cut out. 3 years ago before adoptive mother's stoke and near death, I was to get half of her estate. I was not financially dependent on her. The adoptive natural born son is the sole executor. The main asset is the house which is valued about £120,000 plus bank account balances of tens of thousands.
Customer: replied 2 years ago.
Looking at RightMove houses like hers are valued between £121,950 up to £149,500.
Expert:  Clare replied 2 years ago.
How much is in the bank accounts?
Did you fall out with her at al?
How do you know what the previous Will said?
Customer: replied 2 years ago.
Bank accounts probably £20,00 she told me and the sibling everything about her plans for her will.
I fell out with her after her sister who made untrue allegations about me put pressure on her to cut me out.
Expert:  Clare replied 2 years ago.
Did she have mental capacity at the time she changed the Will?
Customer: replied 2 years ago.
Her doctor gave no indication that she lacked capacity. I do know she was ill as she died of kidney failure and drank heavily
Her sister bought alcohol and cigs for her
Expert:  Clare replied 2 years ago.
On what basis do you intend to challenge the Will?
Customer: replied 2 years ago.
I was thinking of challenging it for lack of capacity but the medical report might not back me up as I spoke to her doctor.
Customer: replied 2 years ago.
If the executor who is the natural son says no to my claim for reasonable financial assistance then is that the end of the matter unless I take it to court? He's already refused to make a payment to me from the estate.
Expert:  Clare replied 2 years ago.
Were you financially dependent on her in any way?
Customer: replied 2 years ago.
no not really. I don't suppose that means I need her support now while I'm working.If my pension falls short when I retire then I'd need some support.
Expert:  Clare replied 2 years ago.
If she had mental capacity and you have no way of proving undue influence then you are left with an Inheritance act claim
T he estate is a modest one which makes it unlikely that the Court will see any reason for changing the terms of the Will since you were not financially dependent on her at the time of her death
Your only hope i sto negotiate with your sibling in the hope that he or she will wish to avoid the costs of a court dispute, even one they could win
I am sorry to give such bad news, please ask if you need further details