Itsybitsy

Just wondered if anyone has done this and if so what was the process Please?

Is it costly? Most importantly can a will be overturned.

without too much detail my MIL has died leaving her estate to one son and the other two haven't been named as beneficiaries.

it's not as clear cut as this, there is a story to tell but I don't think a forum is the place to say.

thanks

cyrian

Hi Welcome to the forum
You (or another interested party) would need to instruct a UK solicitor.
It can be a long and costly procedure but the solicitor will advise.
HTH

Tweedpipe

I had no idea on this, although the subject matter interested me just for general interest.
As mentioned by cyrian, it's essential that you get expert help (UK solicitor), and do so before probate or at least within 6 months from the date of probate or letters of admin being issued.
A will can be contested after probate although it's not wise due to practical purposes, as an unscrupulous executor may be aware of a challenge and could dispose of estate assets.
Pls advise us of how things evolve (obviously less the info of a more personal nature) as it could be of benefit to others reading this.

Novocastrian

M. Google provides this link. https://www.hughjames.com/service/co...esting-a-will/ Which ground to contest do you think might apply to your situation?

cyrian

I assume that the estate is in England because the law is different in Scotland.

Novocastrian

https://brodies.com/blog/personal-la...l-in-scotland/

In what way?

Chatter Static

Costly YES

Overturned YES possible if you can prove and unsound state of mind or cohesion at the time of writing the last will and testament. "BUT for any of it you would have to dig up a previously written last will testament l in the contesting parties favour.

The United "not for long" Kingdom allows you to leave your chattel's "personal possessions and wealth to anyone or anything. Yes a cat can inherit your wealth. Animals come under the anything but you would be hard pushed to deny a cat of its inheritance because proving cohesion would be tough.

spouse of scouse

This seems to suggest that inheritance law does differ between England and Scotland
Children seem to be rather more fairly treated perhaps in Scotland. No matter what a will says children always have the right to claim their “Legal Rights”. It is virtually impossible to completely disinherit children in Scotland – unless the whole estate of the deceased comprises land and buildings. It is difficult to imagine many estates comprising this type of property only. In Scotland a child left out of a will, or where his or her parent has died without leaving a will, still has an automatic claim to a proportion of all the estate which is not land and buildings. The child’s need is not an issue which is a clear contrast to England where children can make claims if left out of a will but only based on need or proof of maintenance of the child.
http://seniorissues.co.uk/wp-content...ngland_SI_.pdf

Novocastrian

Thanks for that SoS.

cyrian

Correct.
Children in Scotland are entitled to jointly share one third of the deceased's moveable estate.
i.e. cash; shares jewellery etc.