Contesting a will

MuzeMuze Posts: 2,225
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Does anyone know on what grounds you can contest a will?

My parents are wanting to leave everything to my brother as they think I will not be able to deal with it, or it would affect my benefits (which I hope I won't be on by then!!!).
My brother is loaded and has bullied me all my life, no way will he support me if I need it.

Any thoughts?

Comments

  • DrFlowDemandDrFlowDemand Posts: 2,121
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    Whoa, harsh! How much is it, is it worth fighting over or are you better off moving on with your life and ****ing them all off?
  • Summer BreezeSummer Breeze Posts: 4,399
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    Double Post.
  • Summer BreezeSummer Breeze Posts: 4,399
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    Muze wrote: »
    Does anyone know on what grounds you can contest a will?

    My parents are wanting to leave everything to my brother as they think I will not be able to deal with it, or it would affect my benefits (which I hope I won't be on by then!!!).
    My brother is loaded and has bullied me all my life, no way will he support me if I need it.

    Any thoughts?



    If your parents are of sound mind and wish not to include you in their will, well that is that.
  • sybilvimessybilvimes Posts: 581
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    Google "disinheriting a child". Loads of info'
    If your parents are of sound mind and wish not to include you in their will, well that is that.

    Not according to what I'm reading on that google search.
  • MuzeMuze Posts: 2,225
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    It for all they will have at time of death, probably not over £100k

    Nevermind eh? They never did like me
  • soulboy77soulboy77 Posts: 24,468
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    Don't they have to die first for you to contest the will?

    Being serious, your only hope is to sit down with them and convince them otherwise.
  • Rae_RooRae_Roo Posts: 1,185
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    Muze wrote: »
    It for all they will have at time of death, probably not over £100k

    Nevermind eh? They never did like me

    Wow, just wow :confused:
  • Jo09Jo09 Posts: 3,852
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    Muze wrote: »
    Does anyone know on what grounds you can contest a will?

    My parents are wanting to leave everything to my brother as they think I will not be able to deal with it, or it would affect my benefits (which I hope I won't be on by then!!!).
    My brother is loaded and has bullied me all my life, no way will he support me if I need it.

    Any thoughts?

    They can leave the money in a trust for you which will help you "deal" with it.
  • gemma-the-huskygemma-the-husky Posts: 18,116
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    Favouring one child over another is a bit off, I reckon. Worrying what you might do with some cash is also a bit off. At some point, you have to stop controlling your kids.
  • MuzeMuze Posts: 2,225
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    Yeah sorry, just took me surprise for it to be brought up put of the blue.

    I hope my Mum will be around for a while yet.

    It's just hurtful.
  • gemma-the-huskygemma-the-husky Posts: 18,116
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    Muze wrote: »
    Yeah sorry, just took me surprise for it to be brought up put of the blue.

    I hope my Mum will be around for a while yet.

    It's just hurtful.

    I agree. Out of interest, irrespective of what is in the will, you and your brother can agree to do whatever you want - although when money is involved, fairness often takes a back seat.

    It's hard to be even handed, though. In many cases grandparents will leave stuff to their grandchildren, rather than children. So say someone has 2 children, but 3 grandchildren - then which is fairer?

    - leaving equal shares to each of the 3 grandchildren
    - leaving the single grandchild twice the amount of the other 2, thereby leaving equal shares to each child. (assuming one child has 2 children, and the other child just one)

    (hope that makes sense)
  • molliepopsmolliepops Posts: 26,828
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    You can't contest it before they die, I would suggest you prove them wrong before they die and they will change their wills in your favour. Will make you feel better in the long run too I would say.
  • MuzeMuze Posts: 2,225
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    It seems I misunderstood anyway... they want to use my brother to oversee a trust fund which it would go into.
    Have expressed I was not comfortable with thatx
  • Vast_GirthVast_Girth Posts: 9,793
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    Muze wrote: »
    It seems I misunderstood anyway... they want to use my brother to oversee a trust fund which it would go into.
    Have expressed I was not comfortable with thatx

    That's not so bad then. I'm assuming they have valid reasons for it. You need to start convincing them you can be trusted with it...
  • molliepopsmolliepops Posts: 26,828
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    Muze wrote: »
    It seems I misunderstood anyway... they want to use my brother to oversee a trust fund which it would go into.
    Have expressed I was not comfortable with thatx

    That's actually a good thing, my husbands mother did similar and the money has grown better in the trust than we could ever have achieved ourselves.
  • ShrikeShrike Posts: 16,603
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    molliepops wrote: »
    That's actually a good thing, my husbands mother did similar and the money has grown better in the trust than we could ever have achieved ourselves.

    Doesn't that rather depend on who is administering it? Sure if Warren Buffett was running it, but any old Joe?
  • MuzeMuze Posts: 2,225
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    Well, I hope my parents are going too far yet, and let's face it, any or all of our inheritance could have to go towards their care in old age.

    It's just something they were doing and kind of announced their decision to me without consulting me and I got a bit peeved.
    I might be a bit mental but I am not stupid and felt like they were trying to control me even after their death.

    But cleared the air I think and clarified things.

    As said, it's down to me to prove I am responsible, which is easier said than done at time x
  • grumpyscotgrumpyscot Posts: 11,353
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    Of course, if the will was written in Scotland (you don't say where your parents live), then you have a legal right under inheritence laws here to inherit an equal share of movable estate with your brother. Up here, you cannot disinherit on movable estate.
  • molliepopsmolliepops Posts: 26,828
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    Shrike wrote: »
    Doesn't that rather depend on who is administering it? Sure if Warren Buffett was running it, but any old Joe?

    A trust is usually written up by solicitors who specialise in them, they advise about who to consult about investing. Ours did the entire thing for us contacted the advisor and invested the capital.

    They are now dissolving the trust as FIL has died and will be distributing the capital among their sons as MIL requested.
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