ChatterBank4 mins ago
Inheritance - changed will
My wife's has only recently found this out.
Her grandfather had three children each receiving an equal share when he dies or to their children should any of them die before he does.
My wife's father died about 10 years ago, shortly afterwards his brother persuaded the grandfather to remove my wife and her sisters from the will. At the time my wife's fathers sister and husband objected to this but the brother is very manipulative and the change went ahead.
The grandfather is now in his nineties and senile, is there any recourse for my wife to reclaim part of her inheritance.
Regards
Her grandfather had three children each receiving an equal share when he dies or to their children should any of them die before he does.
My wife's father died about 10 years ago, shortly afterwards his brother persuaded the grandfather to remove my wife and her sisters from the will. At the time my wife's fathers sister and husband objected to this but the brother is very manipulative and the change went ahead.
The grandfather is now in his nineties and senile, is there any recourse for my wife to reclaim part of her inheritance.
Regards
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If your wife and her sisters wish to challenge the will they should see a solicitor as soon after the grandfather's death as possible as there is a strict time during which this can be done. It was usually taken to be a year and a day from probate being granted but I am not certain whether this has now altered to a year and a day from the death.
A will may be challenged
a. where there is a death without leaving a Will resulting in members of the family (particularly with extended families) being excluded from benefiting from the estate.
b. if the Will results in a distribution of the estate contrary to the apparent wishes of the deceased, a claim may be possible against the professional adviser who prepared the Will.
c. there is evidence that the deceased�s Will was made under duress, or without the appropriate capacity to make it.
In your wife's case (c) is the most likely reason but she would have to be able to make a case against her brother for exerting undue influence over the old man and a lot would depend on his mental state at the time the change was made;.
A will may be challenged
a. where there is a death without leaving a Will resulting in members of the family (particularly with extended families) being excluded from benefiting from the estate.
b. if the Will results in a distribution of the estate contrary to the apparent wishes of the deceased, a claim may be possible against the professional adviser who prepared the Will.
c. there is evidence that the deceased�s Will was made under duress, or without the appropriate capacity to make it.
In your wife's case (c) is the most likely reason but she would have to be able to make a case against her brother for exerting undue influence over the old man and a lot would depend on his mental state at the time the change was made;.
Surely the grandfather is entitled to do what he likes regarding who his money is left to and if the will change was made 10 years ago, it was hardly an impulsive action. The fact that objections were raised at the time and had no effect implies that it was a definite decision to disinherit them so the fact that he is now senile should not provide grounds to challenge the will.
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