Question about contesting wills.

[follettj]

My mother-in-law lives in Scotland, she was with her partner for 25 years married for 10 when he died. They did not have a will, but he did (from before their marriage) and it left everything to his daughter in America.

We told her to contest this but she didn't because of his relatives in the area possibly making thing difficult for her, now she lives rent free in her own home.

On other issues with a solicitor the will was shown and the solicitor could not believe it wasn't challenged, but did not offer to do it.

The pressure to move out by his relatives is making her ill, she is 80.

My question is can this be challenged now 8 years after his death?

Bill

[dzug]

It isn't - or wasn't - a question of 'challenging' the will. In Scotland wives, husbands and children have an absolute right to a certain part of the estate regardless of what the will says.

All; you have to do is request the executors to give you your 'legal rights' and they are obliged to comply.

What I don't know for certain is whether if you don't do this at the time there is a time limit on doing so. 12 yeras rings a bell - but that might be in different circumstances.

I think at this stage you'll need a solicitor.

[Rollo]

I believe In England a Wales a will is automatically revoked if the testator marries after the date of that will.

If the same thing applies in Scotland then the will would be invalid anyway.

[dzug]

Wills are not revoked by marriage in Scotland