Will Advice

[TheLoser]

Hi Everyone,

I am new here so please bare with me...

I am from a family of 5, I have an older sister and an older brother. Our mother passed away some time ago and now our father is on death door.

When trying to establish the condition of the family affairs it has come to light that as Covid was kicking off our parents saw fit to remove both my brother and I from the will thus leaving everything to our sister.

I did a will certainty search and discovered the name of the solicitor who holds their will but as we are not executor they put the phone down on me.

As you can imagine this turn of events has soured the relationship somewhat, as if things were not hard enough.

My sister says they changed the will as they were worried they might get covid and it see them off, and I needed somewhere to live so I got them to change the will and leave everything to me.

Obviously my brother and I were never consulted and have found out the hard way.

It is not millions just fyi - probably an estate of about £180,000 but I am, as is my brother a firm believer in leaving everything equally to my children however many there are to avoid leaving a legacy of my kids hating each other (and me) and never speaking to each other after I am gone... obviously my lovely parents didnt see it this way.

It has come out that they split the estate up in the new will so they already gave my sister 33%, my mother owned 33% which has already been left to her when she died apparently and my father owns the remaining 33% which he has said he can only leave it to our sister when he passes...

We are of the opinion that our parents were probably coerced into cutting us out of the will but you would never be able to prove that. Out of a matter of sheer principle here - regardless of cost what can you do in this instance??

What is probate or are we too late for that?

Many thanks

 

[Scalloway]

Contesting a will

Contesting a will

Challenging a will is not something you do lightly. But if you have good grounds for contesting a UK will, read our guide on what you can do next.

www.legalandgeneral.com

 

[Lucan Unlordly]

and my father owns the remaining 33% which he has said he can only leave it to our sister when he passes...

Unless he's incapable of making such a decision I'd say you don't have any claim?

Prior to the event would you have said that your sister would be capable and likely of coercing your parents into such a decision?

 

[Gyumri]

name of the solicitor who holds their will but as we are not executor they put the phone down on me.

That's quite suspicious in itself.

so I got them to change the will and leave everything to me.

How very revealing! It's sounds like you have a wonderful sister.

 

[Newchodge]

You need to speak to a lawyer specialising in inheritance. This is a forum for business owners' discussions and I don't think there ius such a person on these forums.

 

[Lisa Thomas]

I can recommend someone for you. Feel free to dm me.

 

[Michael Loveridge]

That's quite suspicious in itself.

It’s really not suspicious at all – in fact, it would’ve been a gross breach of confidence for the solicitor to have spoken to anyone about the wills.

My sister says they changed the will as they were worried they might get covid and it see them off, and I needed somewhere to live so I got them to change the will and leave everything to me.

This sentence doesn’t make sense – I thought the wills leave everything to your sister, so please could you clarify this?

If your parents made the new wills at the instigation of your sister then it’s possible that you could contest them on the grounds of undue influence. However, the fact that they were made by solicitors would make this considerably more difficult, as the solicitors would (or should) have been alert to such a possibility and would (or should have satisfied themselves that your parents were acting of their own free will.

Contesting a will is a complicated and expensive process, and you would need at least some prima facie evidence that you had grounds to do so.

In theory, you could also / alternatively make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This is designed to make provision for members of the deceased's family who had a reasonable expectation of Inheritance but were left nothing. However, it’s mainly designed to protect vulnerable people, such as spouses and minor children, and it’s difficult for an adult beneficiary to succeed in such such a claim.

Does your sister take the view that she is entitled to inherit everything? If she's a decent person and agrees that everything should be divided equally then the simplest solution is simply to do this after your father‘s death.

You can do it formally by way of a deed of variation, which is basically a document varying the terms of the will to leave everything to the three of you in equal shares. It needs to be done within two years of death.

Alternatively, it could be done on an informal basis, whereby your sister would simply give you and your brother a third share of the estate out of her inheritance.

 

[NickGrogan]

It is not millions just fyi - probably an estate of about £180,000 but I am, as is my brother a firm believer in leaving everything equally to my children however many there are to avoid leaving a legacy of my kids hating each other (and me) and never speaking to each other after I am gone... obviously my lovely parents didnt see it this way.

If thats how you think and write about your parents, then perhaps that's why they chose to leave everything to your sister.

Out of a matter of sheer principle here - regardless of cost what can you do in this instance??

So you'd happily spend the entire inheritance to prove a point? Again, looks like the parents made the right choice.

 

[Lucan Unlordly]

If thats how you think and write about your parents, then perhaps that's why they chose to leave everything to your sister.

A little unfair? I don't think it unreasonable for the OP to voice an opinion that presumably echoes and was learnt from her parents values?

Many moons ago I had the opportunity to attend an 8 session 'start your own business course', with various experts coming in to talk through the key issues. One gave a presentation on finances and included the view of mortgage lenders who were building in consideration for inheritance as funds that could reasonably be expected to become available in the future.

Most of the people I know who are very comfortably off, if not rich, have become so by inheriting the proceeds from the sale of their parents former council house. A natural progression unless written out of the will!

 

[NickGrogan]

A little unfair?

In response to

. obviously my lovely parents didnt see it this way.

Out of a matter of sheer principle here - regardless of cost what can you do

Nope, seems reasonable to me.

I know a lot of people who are waiting for the inheritance to "fix" everything, counting the money that they think is theirs long before they inherit it.

It seems they've forgotten that people regularly live into their 80s and beyond, which means inheriting when they're past retirement age and increasingly being skipped altogether for the next generation.

That and the fact that parents will change their minds about priorities, as seems to have happened in this case.

 

[Newchodge]

It sounds to me as if the siuster lives with the father and would be made homeless if the house had to be sold to split 'the inheritance' between the siblins. Expecting a family member to be made homeless so the OP can have some money is more than a little unreasinable. Sounds like a sensible decision by the parents.

 

[Newchodge]

Incidentally, @Cookiemoneter I notice that when you posted for Will Advice before you were most concerned about the sentimental contents of your father's workshop. Now it seems to be about the money. Did you follow the advice given on your previous post?

 

[tony84]

It sounds to me as if the siuster lives with the father and would be made homeless if the house had to be sold to split 'the inheritance' between the siblins. Expecting a family member to be made homeless so the OP can have some money is more than a little unreasinable. Sounds like a sensible decision by the parents.

Im not sure I agree with that.
If my daughter was still at home when I am on my death bed (assuming I hit 70+), I am not sure I would want to leave her anything. It might be a kick up the backside for her to go and stand on her own 2 feet.

I have a brother and if he was the sole beneficiary in my dads Will, I am not sure I would be bothered. My take is they got me through school and college, they supported me until I got a job and at that point their job is done.

If I get left anything, great. If not, then they set me up in life to go out and make my own way - whats the saying? Something about teaching a man to fish and he will feed himself for life. Thats far more valuable than anything I would inherit.

I can understand why people would be a bit miffed, especially if it has been influenced rather than an uninfluenced decision. But ultimately you are not owed the money.

But I suppose none of that matters, ultimately you need a solicitor.

 

[Lucan Unlordly]

It sounds to me as if the siuster lives with the father and would be made homeless if the house had to be sold to split 'the inheritance' between the siblins.

We don't know the sisters personal circumstances or finances other than that with a 3 way split she'll likely be about £50k better off!

Expecting a family member to be made homeless so the OP can have some money is more than a little unreasinable. Sounds like a sensible decision by the parents.

Not sure how you've come to that conclusion? The two missed beneficiaries could just as well have said stay in the house as we don't need the money.

 

[Lucan Unlordly]

I know a lot of people who are waiting for the inheritance to "fix" everything, counting the money that they think is theirs long before they inherit it.

Is that any different to waiting to draw a pension, cash in some shares or an insurance policy, watching the value of their house go up etc.,

 

[Newchodge]

Is that any different to waiting to draw a pension, cash in some shares or an insurance policy, watching the value of their house go up etc.,

100% different. The things you describe belong to the individual. The inheritance does not.

 

[Newchodge]

We don't know the sisters personal circumstances or finances other than that with a 3 way split she'll likely be about £50k better off!

Not sure how you've come to that conclusion? The two missed beneficiaries could just as well have said stay in the house as we don't need the money.

My sister says they changed the will as they were worried they might get covid and it see them off, and I needed somewhere to live so I got them to change the will and leave everything to me

Partly based on the OP's previous post using the name cookiemonster99, under the heading Will Advice. https://www.ukbusinessforums.co.uk/threads/will-advice.422560/

 

[TheLoser]

Thank you all for your time and replies

There has been a development in this in the last couple of days and I need an honest assessment of your thoughts.

So we were told several times that they changed the will ‘because of Covid’. Now we assumed that this was early on in the pandemic as some sort of weird precaution - however my brother has only just told me of several messages from our mother in 2022 that says our sister has tested positive for Covid. They read as follows:

“****** has tested positive for Covid”
“I’m scared”
“She won’t move out”
Couple of days later

“Your dad has caught covid but he hasn’t left the house”

“I’m frightened - she is still going to work”

Day later

“I’ve tested positive”

Now remember my dad has cancer and had it when he was sick with Covid..

What if they were influenced to change the will around this period because of this. Our sister most likely used this to her advantage ..

Is there any way of finding out when a will was changed?

 

[WaveJumper]

Let us know when you have spoken to your solicitor and what his thoughts are on your possible success if you wish to ahead and challenge the will

 

[Lucan Unlordly]

100% different. The things you describe belong to the individual. The inheritance does not.

It's still a consideration that exists and I defy anybody to suggest otherwise, particularly when , ageing relatives say with seriousness or in jest 'this will all be yours when I'm gone'.

 

[Newchodge]

Thank you all for your time and replies

There has been a development in this in the last couple of days and I need an honest assessment of your thoughts.

So we were told several times that they changed the will ‘because of Covid’. Now we assumed that this was early on in the pandemic as some sort of weird precaution - however my brother has only just told me of several messages from our mother in 2022 that says our sister has tested positive for Covid. They read as follows:

“****** has tested positive for Covid”
“I’m scared”
“She won’t move out”
Couple of days later

“Your dad has caught covid but he hasn’t left the house”

“I’m frightened - she is still going to work”

Day later

“I’ve tested positive”

Now remember my dad has cancer and had it when he was sick with Covid..

What if they were influenced to change the will around this period because of this. Our sister most likely used this to her advantage ..

Is there any way of finding out when a will was changed?

You can ask the executor or wait for probate. My assessment of this exchange is that it is 100% irrelevant. I am sorry that your father has cancer. How often are you and your brother able to visit him?