Contesting A Will + time limit to execute will

[Batterseadog]

Two questions here if anyone can advise please. My mum had Alzheimer's but her solicitor and Alzheimer's doctor both deemed her completely capable and fit enough, when she made a new will leaving 2/3 to me and 1/3 to my sister. The doctor made a mention of it in his notes and I wonder if I can a copy of her file. She wanted to reward me for the years of care and help, which did include many years before she got Alzheimer's. We have several witnesses, (family and friends) who also listened to her stating what she wanted with regard to her estate, plus we recorded her speaking on many occasions, to camera. I believe my sister may well contest this, naturally, she is upset and feels she is entitled to half the estate. What happens, if she does and is there any chance she will be successful?
Mum was buried 4 weeks ago and I have almost finalised the last of her bills. I naturally have been depressed and not feeling up to attending to chores like sorting through her belongings, I have started, but it's a long process. Is there any time limit that I must legally adhere to, I obviously don't want to deliberately delay things but it's a very difficult time?
If my sister accepts the cheque/bank transfer, can she then contest the will or does accepting the money mean she accepts the will?
Sorry to drift on and on but I can't think clearly right now, thank you

[tamborine]

For your sister to contest your mum's last will she will lodge a caveat to the Probate Office. Probate will not be granted till the caveat is lifted by your sister. Your mother's estate cannot be divided till you have probate.

You & sis will attend a 'mediation' to agree a division of value of the estate.....if you can't agree, then a Court will decide on evidence submitted. Loser pays all costs!

[Batterseadog]

Thank you for reply Tamborine. I held Power of Attorney for mum and her estate is sitting in the bank in a seperate account in my name. I am fine with the account being 'frozen' until all is settled, just wondering how we proceed but if you say we go to mediation then that's fine too.
I am concerned she will verbally agree to the will and then when she has enough funds, come back and try to get more, how can I avoid that?

[buildersmate]

Once the Will is 'proved' - as in, the Probate office has issued the Executors with the Grant of Probate, it is then merely the Executors job to distribute the assets in line with the Will.
If your sister has an issue with the proposed split, she will need to register that BEFORE probate is granted, after which it is too late.

[tamborine]

If sis & you agree to sign proof of acceptance of Will in local court-office (see Yellow Pages) the Will will be accepted for probate. Your sis will only then be entitled to third of estate.

The bank account is in your name so wont be frozen, as its seen as your money.

[dzug]

Your sister can contest the will in two ways:

by attempting to prove that your mum was not of sound mind when she made the will or there was undue influence on her making it. This should be done before probate.

by asking the court to make her reasonable provision from it - there is 6 months AFTER probate to do this. From what you have said though she has no grounds whatsoever to do so though. She'd have to prove financial dependency on your Mum AND that the third she has got is not reasonable in itself.

You have by custom a year to sort things out - in reality it's as long as it takes. It can be unwise to distribute in less than 6 months if you anticipate problems.


Is the will having to go to Probate anyway? If not it presents some practical problems in your sister contesting it anyway. She's going to have to start court action from scratch rather than hanging it off a probate application.

[Batterseadog]

WOW! Thank you everyone, your knowledge is admirable. Such an emotional time for everyone and even for my sister who never appeared to care for her mother - she still has lost her mum, as have I.
I am hoping she is having a knee jerk reaction to the news and will try to understand the reasons behind mum's decision and of course, it was her decision alone.
What a dreadful time this is and how unpleasant to have to be even thinking about money and fighting over it. Human nature I guess but again, your responses have been helpful, impartial and very much appreciated.
Chris

[tamborine]

Your sis may have good reason for not being able to assist in her mother's care, hubby/children? Was it your mother's intention to drive a wedge between her children - I think not.

The cards are in your favour here but please be fair with divisions of assets - life due to guilt & greed is not pleasant.

[Batterseadog]

Thank you again Tamborine, I have looked at this from my sister's point of view which is why I am trying to let go of my frustration and some anger. I guess mum was being cowardly in telling all and sundry how disappointed she was with my sister's lack of interest, although she made it clear on video over the past couple of years. I purchased a property specifically for her to live in rent free so that she was close by. For the last four years, I cooked, shopped, medicated, attended appointments, paid bills and took her out places, I eventually did laundry, and bathed her. All for the most part with love and respect, not for payment although this money will go towards considerable outlay from me. Yes my sister has a job and I don't, she lives 1/2 hour away but nobody wanted her to do anything other than stay in touch on a regular basis. Without me and my daughter, mum would definately have needed residential care in latter years so it's likely that a huge chunk of her estate would have been gone in home fees anyway. I guess I will wait to see what sister plans to do and take it from there. Thank you for listening and advising. Chris

[sandysoo]

Have just found this conundrum and hope you managed to sort this out amicably in the end. Both my Mother and I went through the same problem when my Granny died without being able to make a will. The doctor visited my 97 year old Granny first thing in the morning; she was still asleep and asked her questions to judge her ability to make a will. Needless to say she was not in a good mood of mind, as many of us would be if treated the same, and was judged unable to make a will. My Mother was one of seven so you know where this is going.
Despite having Grandmother living with us and the considerable care my Mother gave to Granny, [at the cost of her own health and savings] the 'family' insisted on equal shares.
This in real terms means that Mum sacrificed the latter years of her life so that her siblings could enjoy the benefits. This also affected myself as I lived at home and gave 50% of my time to supporting them.
Following Granny's death Mums health deteriorated and so I now have the problem - but 'no relatives', which is a positive!! No family of my own which is a negative. The human race can have some very fine specimens; I do not appear to be related to any that are alive!
You should have had no problems proving your Mums will.
PLEASE........
Anyone out there reading this: - MAKE A WILL while you can!

[legaladvocate]

If your sister wishes to contest a will in the UK, the time limit under Inheritance Act is 6 months from the date of probate. Contesting a will have several grounds. Maybe, your sister will go for these reasons: testamentary capacity, lack of valid execution and or lack of knowledge and approval. More information you can find in the Going Legal website. https://www.goinglegal.co.uk/contesting-a-will/.

I hope this is helpful.

Frank