patsywhitehair

My friend grew up without her dad, he left her mum when they were small and he went on to remarry and have another daughter. well , she never ever saw her dad and he didnt pay anything for her support at all, like he had just forgotten her even though he only lived 10 miles fm her.
Now... thing is he died quite recently and his wife had also died last year leaving his daughter. he has left all his money to his daughter but what I am asking is.... can my friend contest the will? that he didnt support her when she was a child but in his death he could have remembered her, anybbody know anything about this?? grateful for any info

fionamw

Is this all happening in the UK? Or Spain?

patsywhitehair

uk, didnt know who else to ask for her benefit

SueG

No I am sorry to say that she cannot contest the Will

patsywhitehair

thanks for getting back to me

whitelinen

That is incorrect for the UK.

I can only suggest that the OP Googles and bring up relevant info that is out there or that her friend seeks advice from a solicitor who often offer the first half hour consultation free.

Fred James

As far as I can see, if it is a UK will, a child is one of those people who CAN contest a will.

What you certainly can do is apply for a caveat to the will (for almost any reason) which will delay the execution of the will for 6 months.

Time to go and see a lawyer.

jdr

Yes they can contest the will, unless they were adopted by the new parent thus giving them no claim on the estate of the real parent.

fionamw

Is it safe to assume the other daughter (step sister?) and your friend don't get along? Because just for clarification, if they did get along, and the other woman felt an injustice had been done to your friend, the executors could arrnage for a Deed of Variation to the Will to change it.

patsywhitehair

my friend had no contact whatsoever with her dad, he just got remarried and forgot her, think she feels that now he is dead and he left quite a bit of money that why shouldnt she (if she can) contest the will as during his life he contributed nothing to her at all, no xmas pressies, nothing...... does that sound unreasonable, maybe people will say dont bother but i say why not..

EsuriJohn

It is important to know who died first was it her dad or her step mom. If it was her dad and he left all to his second wife and then she dies and leaves it all to her daughter then she cannot contest the stepmoms will since she had no relationship to her. So she would have to contest her dads will which had already been executed uncontested a difficult one but what has she to loose. Solicitors are allowed now to do no win no fee but they would be expensive for this kind of thing so she needs to be clear before she starts down this road.

patsywhitehair

well her dads wife died first and then the dad died leaving the money to his and her daughter.
mind you he did leave a will to say first the money goes to the wife and then after that to his daughter...

Hillybilly

Being in a similar situation to your friend i.e. absent father from the age of 6, absolutely no contact/support and also (at the age of 35) having traced him via a PD to Cyprus and my "father" denying I was his daughter, personally I wouldn't want a penny of his, in life or death.

SueG

Ok so the answer should have been she can contest the Will but I doubt very much if she would have any success. She is now an adult - it would have been different if she had been a minor and dependent on him but he left a Will leaving to his wife and then to his second daughter (no-one is obliged to leave money to relatives if they chose not to do so)

whitelinen

The fact that she is an adult is irrelevant, however if she is wealthy she should not bother but if not she can as can anyone contest her fathers will. One doesnt have to be an immediate family member to contest a will in the UK.

Therefore it goes without saying that although in theory one can leave their money to anyone, if others contest the will there is a chance ones wishes will not be followed.