Excluded from Mother's Will, any rights to estate

[Anniecv8]

A life long friends Mother passed away and they had not been in contact for a number of years.

I saw a notice in the London Gazette, informed him, wrote to the solicitor & said he would like to make a claim, they replied saying no provision made for him & they are unable to advise him...we now have a copy of her will.

All the estate has been left to her friend who is both the executor & sole beneficiary (will witnessed by solicitors).

He is her only son, his Father died a long time ago, the family home is now empty.

I have told him he must seek legal advice asap(he is reluctant due to not having spare money). But do any of you know what chance he has of making a claim? I have looked at the Inheritance Act, but as he has no dependants I am not sure it is relevant, all I can see is that he may have a chance of a claim on the family home he grew up in?

Thank you for any help you can give.

[Ann]

Well you have to ask - why does he want his Mum's money if he hasn't been in touch for a number of years. Depends if it was his fault they haven't spoken, but if it was mutual, I think its a bit of a cheek to expect her money.

[Barmaid]

He needs to seek legal advice asap. It matters not whether your friend has dependants, the significant factor is that he was his mother's son. He still may have a claim under the Inheritance (Provision for Family and dependants) act 1975. He did not need to be dependent on the deceased at death.

From what you have said I can't see that there is a claim on the family home, but only a lawyer in full possession of the facts can advise.

Legal advice needs taking sooner rather than later, he only has 6 months after the grant of probate to make a claim under the Inheritance (PfFD) Act.

[HowardKennitby]

As I understand it, unless he can show that he was dependent on her then he has no legitimate claim. Mother can do as she wishes with her property.

[Barmaid]

Howard, you are wrong. As a member of the class of people that can claim he DOES NOT need to show dependency. As an example see Illott v Mitson [2011] EWCA Civ 346.

[HowardKennitby]

Hi

I felt I might need to bow to someone else's knowledge. Still seems a bit unfair though.

[Anniecv8]

Ann86-He didn't even know she had died, they were different ends of the country, she had always put him down, said he would amount to nothing, had never shown him love. He is only aware of the estate & her death because my husband told him. When I saw the notice in the paper & London Gazette I thought as her son & only living relative he should make contact with the solicitors.

I think this is where I have got confused, are these notices always put out when someone dies or only when they are trying to make contact with whoever maybe entitled to make a claim?

Thank you everyone else for your comments (Barmaid - I saw lots of your posts when searching earlier today & hoped you would see my post!).

I can see where people are coming from regarding him wanting to make a claim, I just think if he is entitled to some of it, then why not express an interest as some of the estate will be his Father's money etc.

We spoke to the son today and he said "what will be will be" I would really like him to seek legal advice, even to be told no & then a line can be drawn.

[dzug2]

<<I think this is where I have got confused, are these notices always put out when someone dies or only when they are trying to make contact with whoever maybe entitled to make a claim? >>

These notices tend to be published by solicitors as a matter of routine where they are uncertain that they have the full facts about the estate. They are protecting themselves as much as trying to contact.

[Davethedog]

What is the point of a will if it can be challenged? Why go to the expense?

Son deserves nothing couldn't be bothered or Mother didn't want him either way there was an estrangement. Under what circumstance does he think he is due anything?

[tonywiltshire]

He should challenge the will as the son of the testator if he has been excluded as a beneficiary. It is impossible to give a meaningful answer as to his chances of success without far more information. As has been said contact a local solicitor as soon as possible.

[Snafu03]

" I just think if he is entitled to some of it" why's that? Surely the only time you'd want to contest a will is when you feel there has been foul play eg the person has been coerced and not in right state of mind etc.

As its her estate she's perfectly in her rights to leave whatever to whoever - what is there to challenge? Seems to be another case of the world owing somebody.

[dzug2]

He should not 'challenge' the will at all. It's a valid will (from what we can see)

He should - if he thinks fit - apply for 'reasonable provision' from the estate. What that 'reasonable provision' should be is up to a court to decide - or the other beneficiary to offer if all parties want to avoid dragging it through the courts.

[sandyRoe]

Why should someone not mentioned in a will think they might be entitled to 'reasonable provision'?

[dzug2]

Because the law says they are entitled to reasonable provision in various circumstances.

Whether you agree with that law or not is a bit irrelevant. You can say it's fair or not fair, but that's opinion, not fact.