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Contested Wills
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My father passed away in 5th September 2011 and probate was granted on the 6th December 2011 and I inherited the second half of the house I am now living in.
I did not advertise his death in any papers as Dad said there would be some scroungers in the family who would want the money.
I received a letter from a relative dated 28 March 2012 stating they were entitled to the house and saying that if I did not hand it over they were going to contest the estate.
Half of the house has been in my name since 2003 when my mother passed away.
I just ignored the letter and have heard nothing since.
I am now getting to the stage where the house needs some new carpets and a new felt roof on the garage so I will have to spend between £4,000 and £5,000.
I have read about contested wills and it says that wills can normally only be contested up to 6 months after the grant of probate.
The word normally is concerning me.
Does anybody know what circumstances a court will allow the will to be contested outside the 6 month deadline?.
Obviously I do not want to spend money on the house if there is any risk it is not mine.
Lissie
I did not advertise his death in any papers as Dad said there would be some scroungers in the family who would want the money.
I received a letter from a relative dated 28 March 2012 stating they were entitled to the house and saying that if I did not hand it over they were going to contest the estate.
Half of the house has been in my name since 2003 when my mother passed away.
I just ignored the letter and have heard nothing since.
I am now getting to the stage where the house needs some new carpets and a new felt roof on the garage so I will have to spend between £4,000 and £5,000.
I have read about contested wills and it says that wills can normally only be contested up to 6 months after the grant of probate.
The word normally is concerning me.
Does anybody know what circumstances a court will allow the will to be contested outside the 6 month deadline?.
Obviously I do not want to spend money on the house if there is any risk it is not mine.
Lissie
Answers
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It is very time consuming to challenge a will, which usually starts by applying for a caveat very early to stop the distribution of the estate, which does not appear to have happened in your case. Most claims are under Inheritance (provision for family and dependants) act 1975, and should be made within 6 months of grant of representation (probate). Family members have been known to ask or claim to the beneficiary that payment should have been made to them and threaten to challenge the will but when they take legal advice they are soon disillusioned.
Hi Dotty
The roof which is part of the £5,000 goes over a double garage and a utility room.
I have only had 1 quote in respect of the carpet but it is a large lounge, dining room and a large hall / stairs and landing.
The salesman has given 3 example quotes.
He has sugested a medium quality carpet for the lounge / dining room and he said if I intend to stay in the house for the rest of my life he would probably go for the best quality for the hall / stairs / landing which is a large area.
He did say that his hall had a medium quality carpet as he had never stayed in any house more than 10 years before but he said he has been in this house for 14 years and the hall carpet is starting to get tatty.
If your friend can do all that for £250 can I have his name?.
Lissie
The roof which is part of the £5,000 goes over a double garage and a utility room.
I have only had 1 quote in respect of the carpet but it is a large lounge, dining room and a large hall / stairs and landing.
The salesman has given 3 example quotes.
He has sugested a medium quality carpet for the lounge / dining room and he said if I intend to stay in the house for the rest of my life he would probably go for the best quality for the hall / stairs / landing which is a large area.
He did say that his hall had a medium quality carpet as he had never stayed in any house more than 10 years before but he said he has been in this house for 14 years and the hall carpet is starting to get tatty.
If your friend can do all that for £250 can I have his name?.
Lissie
I would imagine that the situations where a court might entertain a claim after 6 months would be where it would have been unreasonable for the claimant to have known about the will earlier eg they were overseas. Possibly serious illness
But this lot did know about it so wouldn't stand a chance. I think it's normally strictly enforced.
But this lot did know about it so wouldn't stand a chance. I think it's normally strictly enforced.
Hi Tony
I do not think the relative knew about my father's death until March. I did not have a phone number or address.
Oddly enough I have met about 6 people on the street who worked with Dad since he passed away who Dad lost contact with and they said they wished they had known about his funeral.
To be honest I was a little surprised these people were still alive.
Lissie
I do not think the relative knew about my father's death until March. I did not have a phone number or address.
Oddly enough I have met about 6 people on the street who worked with Dad since he passed away who Dad lost contact with and they said they wished they had known about his funeral.
To be honest I was a little surprised these people were still alive.
Lissie
Hi Lissie
I have been reading a few sites about contesting wills and it appears you can never be completely sure a will can not be contested but I hope nobody will contest my grandparents will as they passed away in 1986.
Even if they argued they did not know about the death the letter was dated over 4 months ago and look at what tony has written re ''Inheritance (provision for family and dependants) act 1975 which is correct.
If you are at all worried why not wait until after 28th September before having the work done?. You will have it in writing they knew about the death 6 months before then.
OK you may have to have the roof done if it is leaking but surely carpets could wait another 2 months.
Marcia
I have been reading a few sites about contesting wills and it appears you can never be completely sure a will can not be contested but I hope nobody will contest my grandparents will as they passed away in 1986.
Even if they argued they did not know about the death the letter was dated over 4 months ago and look at what tony has written re ''Inheritance (provision for family and dependants) act 1975 which is correct.
If you are at all worried why not wait until after 28th September before having the work done?. You will have it in writing they knew about the death 6 months before then.
OK you may have to have the roof done if it is leaking but surely carpets could wait another 2 months.
Marcia
Lisse,
I would proceed with your expenditure, any claim should be made strictly within 6 months the court has discretion to extend the period of 6 months within which claims can be made but the onus of persuading the court is upon the claimant, and it would be granted only in exceptional circumstances and on very rare occasions.
You say the relations have been aware of the death of your Father since March and it is now August and no action has been taken it is very unlikely it will be. It is probable the family members were not dependants of your Father and, as stated if they take legal advice they will soon be disillusioned.
A number of wills are challenged, but if your Father had mental capacity, the will is valid, and the family members are not dependants and there was no undue influence on what grounds are the family members going to convince the court to extend the claims period?
I would proceed with your expenditure, any claim should be made strictly within 6 months the court has discretion to extend the period of 6 months within which claims can be made but the onus of persuading the court is upon the claimant, and it would be granted only in exceptional circumstances and on very rare occasions.
You say the relations have been aware of the death of your Father since March and it is now August and no action has been taken it is very unlikely it will be. It is probable the family members were not dependants of your Father and, as stated if they take legal advice they will soon be disillusioned.
A number of wills are challenged, but if your Father had mental capacity, the will is valid, and the family members are not dependants and there was no undue influence on what grounds are the family members going to convince the court to extend the claims period?
Hi Lissie
I really agree with Tony but I just thought if you left the work for another 2 months your case would be a bit stronger.
I have looked at your other thread and it looks to me you have been in the house as a part owner since 2004 so I think this will strengthen your case even more.
You would have also been the owner of the house even if your father had left no will.
Marcia
I really agree with Tony but I just thought if you left the work for another 2 months your case would be a bit stronger.
I have looked at your other thread and it looks to me you have been in the house as a part owner since 2004 so I think this will strengthen your case even more.
You would have also been the owner of the house even if your father had left no will.
Marcia
Hi Boxtops
Proper friends will not go contesting late parents wills.
I have heard of cases where a son or daughter in law have been beneficiaries but in all cases I know of the offspring has passed away and the son / daughter in law had the grandchildren.
People sometimes say blood relatives should come first but I thought grandchildren were blood relatives.
There has been a case in our family where the daughter passed away and she had a brother.
In that case the estate was divided 50:50 between the son in law and the brother of the deceased daughter as the son in law was left on his own with the 2 grandchildren.
As far as I know nobody thought that was unfair.
Marcia
Proper friends will not go contesting late parents wills.
I have heard of cases where a son or daughter in law have been beneficiaries but in all cases I know of the offspring has passed away and the son / daughter in law had the grandchildren.
People sometimes say blood relatives should come first but I thought grandchildren were blood relatives.
There has been a case in our family where the daughter passed away and she had a brother.
In that case the estate was divided 50:50 between the son in law and the brother of the deceased daughter as the son in law was left on his own with the 2 grandchildren.
As far as I know nobody thought that was unfair.
Marcia
The 6 month limit only applies for claims under the Inheritance (Provision for Family and dependants) Act 1975. The only people who can claim under this act are spouse or civil partner; former spouse or civil partner who has not remarried, child of deceased, person treated as a child of the deceased in a marriage to which the deceased was a party, co-habitee, dependent who was being wholly or partly maintained by the deceased in the period ending immediately with the deceased's death. The claim must be issued within 6 months of the Grant but need not be served for another 4 months.
There are numerous other claims that can be made to set aside the Will or claim against the assets of the estate and those time limits vary.
On what basis is this "relative" going to contest the estate? ON the basis the Will is invalid? On the basis of proprietary estoppel? Who are they?
Frankly, this all sounds like nonsense and I'd get on with the work.
There are numerous other claims that can be made to set aside the Will or claim against the assets of the estate and those time limits vary.
On what basis is this "relative" going to contest the estate? ON the basis the Will is invalid? On the basis of proprietary estoppel? Who are they?
Frankly, this all sounds like nonsense and I'd get on with the work.
Hi everyone
Thank you for your advice in relation to this matter. I am going to go ahead with the work.
I have had 2 further quotes re the garage roof but I have decided to stick with the first.
Oddly enough Marcia said wait for a further 2 months and as it happens the builder has said it will be 7/8 weeks before he can do the job.
Building work does create dust / dirt so I will not replace the carpets until this is done so it will probably be October when the carpets will be fitted.
Marcia
Thank you for your advice in relation to this matter. I am going to go ahead with the work.
I have had 2 further quotes re the garage roof but I have decided to stick with the first.
Oddly enough Marcia said wait for a further 2 months and as it happens the builder has said it will be 7/8 weeks before he can do the job.
Building work does create dust / dirt so I will not replace the carpets until this is done so it will probably be October when the carpets will be fitted.
Marcia
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