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[Help] Any solicitors/family lawyers able to give quick advice on wills/inheritance issue?



bhafc99

Well-known member
Oct 14, 2003
7,082
Dubai
I have a question to do with inheritance and wills. I've tried Googling, but it's too specific for general online advice.

I know my next step is probably to pay for a solicitor consultation, but just thought I'd ask on here first – just in case anyone can give any insight/help. The basics are below. Thanks!


• My mum and dad got divorced when my brother and I were young.
• My mum then remarried. So we gained a stepdad, plus a step brother and sister (from his previous marriage).
• My mum and stepdad wrote 'mirror wills' in the early 2000s. Each left everything to the other in the event of their death, with additional instructions that when the second person then died, the final estate would then be divided equally between the four children.
• My mum died in 2005, quite unexpectedly and young (53).
• We remained close to our stepdad, continuing to call him our 'father' and speak to him at least weekly.
• He died a few weeks ago, age 76.
• Out of the blue, the solicitors have now told us that he wrote a new will in 2017. We knew nothing about this. This divided the final estate as 40% to each of his two children, and just 10% each to me and my brother.
• It therefore completely goes against the wills he and our mother originally wrote, and their promises to each other. It also means we're getting a fraction of what belonged to our mother, and that she wanted us to have. (Not least because her life insurance payout in 2005 paid off their joint mortgage, so key assets like the house are undeniably as much hers as his.)
• The solicitors tell us this is completely legal. In effect, our stepdad had the right to do whatever he wanted, and our mum's mirror will effectively became worthless the moment she died.

I've found some stuff online where people have successfully fought 'similar' scenarios, but it's far from cut and dried.

My question is: is there anything we can do? In particular, anything that doesn't involve a potentially ruinous battle in the High Courts that would wipe out the losing party? Our step siblings are, unfortunately, not willing to discuss it – their view is that "that's what our dad wanted, so tough'.

Are there any kind of no win/no fee solicitors for this kind of situation – or are they just ambulance chasing cowboys who only deal in spurious cases?
 




Chicken Run

Member Since Jul 2003
NSC Patron
Jul 17, 2003
18,430
Valley of Hangleton
Wow, awful situation and whilst I have no legal advice to offer this is typical of a treasure hunt that follows a passing.

I can’t help thinking that maybe the step’s May have a little more to do with the change if will?
 


Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
13,782
Herts
What a dreadful situation - commiserations.

Caveat: I'm not a lawyer.

I have some experience of this sort of thing.

My understanding would be:

Your Mum's will was fulfilled - her assets were (presumably) transferred to your stepdad on her death. Done and dusted.
Your stepdad changed his will - he's legally entitled to do so. The executor(s) - who is/are it/them btw (this may just possibly help your case)?
You're likely screwed (sorry).

My absolute best advice would be to find a decent family solicitor at as good (and scary) firm as you can afford and take some advice. They should be able to provide initial guidance along the lines of "you're screwed" or, hopefully, "Well now,...." for a few hundred.

At this point, I would definitely not use a no win, no fee firm right now. You need sound, considered advice, not a ra-ra session. If you thought you may have a case, you could then use a no win, no fee firm - though I wouldn't.

As to whether you could achieve better than 10% without going to Court, on the facts you present, I'd guess no.

It's probably worth comparing the 15% you're "missing out" on against the costs of pursuing the action and the financial and emotional risks of losing.

All imo, of course.

Good luck.
 


Nitram

Well-known member
Jul 16, 2013
2,178
I would have thought you have a case as your Mum’s wishes were clearly stated. Do you have proof of the earlier wills?
Questions that need to be asked are why the stepdad changed the agreed intention? Was he over influenced by others? Was he in a fit state of mind when he made the changes. Who witnessed the changed will? Was it done in a solicitors office?
Anyway those are the questions I would want answers to. Definitely get specialist legal advice.
 


drew

Drew
Oct 3, 2006
23,045
Burgess Hill
Do you have any legal expenses cover attached to your household insurance? That said, they may only get involved if there is a greater than 50/50 chance of you winning.

Either way, you should get separate legal advice as I assume that the solicitor that is saying it is perfectly legal is the one that represented your step dad!
 




vagabond

Well-known member
May 17, 2019
9,804
Brighton
Firstly condolences on a tricky situation.

- get every single relevant scrap of paperwork you have
- wills, notes, emails, anything pertaining your mother’s wishes
- ditto relevant correspondence from your step dad
- and get professional advice.

One question I would ask tho, is the value of the estate. If it’s not a significant amount of money I’d ask myself if it’s worth all the potential legal costs and stress this may all cause?

If the estate is significant then you have to get professional legal advice. Simple as that.

Seriously, don’t listen to anyone here or google this. If the estate is significant find legal counsel now.
 


Bob!

Coffee Buyer
Jul 5, 2003
11,117
...
 
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sparkie

Well-known member
Jul 17, 2003
12,504
Hove
It's why I'll never get married again. Too much potential to mess up my own daughter's inheritance. The law is not great in this area ( in my opinion ).


Personally, I am pretty appalled by your story - without wishing to comment too much on individuals unknown to me, it does appear that your mother's wishes have been disgracefully sidelined.
 
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Springal

Well-known member
Feb 12, 2005
23,830
GOSBTS
Have you talked to your step brother and step sister about it?

They may well be willing to honour the original situation and agree to 4 x 25% split.

His post says they don’t want to discuss it and are sticking with their dads will
 


bomber130

bomber130
Jun 10, 2011
1,908
It's why I'll never get married again. Too much potential to mess up my own daughter's inheritance. The law is not great in this area ( in my opinion ).


Personally, I am pretty appalled by your story - without wishing to comment too much on individuals unknown to me, it does appear that your mother's wishes have been disgracefully sidelined.

Me to, my house is paid for with my inheritance from my dear late mother. No way would I jeopardise all that she worked for only to have someone try and take it away. It is, and will stay in the family bloodline.


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Rugrat

Well-known member
Mar 13, 2011
10,215
Seaford
I am second married and we both have 2 children from our 1st marriages. We did our wills exactly the same, leave 100% to the other and then when they pass away they leave 25% to each child. The solicitor we went to impressed on us that the surviving partner could change their will if so desired so there was a large element of trust.

That said, if I were the OP I would definitely be seeking legal advice and the point made by [MENTION=27447]Goldstone1976[/MENTION] re the value of what you are missing out on needs to be considered
 


NooBHA

Well-known member
Jan 13, 2015
8,584
Under The Laws is " Succession " the new Will supercedes the old Will; however you are correct. There are many "Case Law" precedents like this which have been successfully challenged.

If you and your family can't afford Solicitors then you could raise a Legal Contestation of the Will. File it with the Courts yourself and deal with all the correspondence yourselves.

The best advice would be to engage a Specialist Solicitor on this subject but they are very expensive.

Let the correspondence drag on and on and grind them down and let it go to Court for a decision by a judge if you do it yourselves. After all. Any decisions on the validity of the original Will are all subjective and different Judges could very conceivably find totally differently on the exact same facts.

Before all of this though I would appeal direct to your step siblings "sense of fairness" on a personal level. Good Luck !
 


NooBHA

Well-known member
Jan 13, 2015
8,584
Oh and one other thing I forgot to mention. You Stepdad's Solicitor is not 100% correct.

Your mum's Will is not rendered "Worthless" on the day she passed away. It only lost part of it's value when your stepdad made his new Will.

And even now it is not 100% worthless.

This is because, and this is determined IHT Legislation. If the final Will is making use of your Late Mum's "Unused Lifetime Inheritance Tax Allowances" then Legally the final Will is recognising the Validity currently of the old Will. This in my view any judge Makin a Ruling on would be bound to consider.
 




Creaky

Well-known member
Mar 26, 2013
3,842
Hookwood - Nr Horley
We’re just in the process of redoing our wills and to make sure that what we leave eventually goes where we intend our solicitor has suggested we set up a will trust. I’m not convinced personally, seems to suggest the opposite to its name, a level of mis-trust rather than trust.

Having read this thread though I can see where our solicitor is coming from.
 


Paulie Gualtieri

Bada Bing
NSC Patron
May 8, 2018
9,198
Firstly, my condolences

It seems odd your late stepfather did this without telling you, considering you were speaking weekly.

I suspect the issue of undue influence could be at play but it’s obviously difficult to quantify without knowing the man.

What’s your relationship like with the step brother / sister, were there any obvious signs of undue influence in hindsight?

A key point I think would be the value of your late mother’s life insurance settling the mortgage on the estate, did the step father remain at this property?


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Recidivist

Active member
Apr 28, 2019
287
Worthing
I have a similar situation in my household where my assets considerably exceed my second wife’s. I have three children and my wife has one.

I’m keen to pass on the bulk of my assets eventually to my three while ensuring that my wife is well provided for as a first priority, as I don’t get on with my stepdaughter who has been a real problem to us for years (I have left her a significant legacy but not at the same level as my three).

My wife refuses point blank to leave a penny to my three and seems unable to understand the contradiction in her position!

To ensure my wife is properly provided for, I’ve had to will my half of our house to her but requested that she modify her will to leave half of whatever equity there’s left in the house to my three if I die first.

Not happened yet though and I’m concerned that if we died together then the lot would go to my stepdaughter!

With regard to the OP, you’re almost certainly unable to contest the will. Wills can be successfully challenged but only if the “challenger” is a direct dependent e.g. wife.

Equity has f** all to do with it unfortunately!

By all means get a formal opinion from a decent lawyer but my best guess from my experience is that you have a weak case, at best.


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NooBHA

Well-known member
Jan 13, 2015
8,584
To ensure my wife is properly provided for, I’ve had to will my half of our house to her but requested that she modify her will to leave half of whatever equity there’s left in the house to my three


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You could have just cut out the " middleman "

Leave the house in full to your kids but make your wife a " Lifetime Tenant " of the property.

Just means that it's owned by the kids but they can't get their hands on it until the demise of your wife
 




hart's shirt

Well-known member
Jul 8, 2003
10,167
Kitbag in Dubai




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