Black Sheep wants to contest will

[goodatresearch]

Yes it can be a problem when you have to find assets. Now, I know that its easy to tell a black sheep to do one, but at the end of the day it might be better to keep their solicitor informed. Just tell their solicitor what you've told us. You don't want to look unreasonable if things escalate.

[king12345]

In my limited experience of three cases, if the black sheep carries on with his request and uses the correct solicitors /procedures, he will get a share of the estate.

The worst I witnessed was a will being contested by an estranged son who had left home at 16 and never contacted any family members.

He appeared at his late father funeral (informed by mutual friends) and then asked for his share.

Bare in mind that he never attended his mother funeral despite knowing about it.

After a long battle he got 20% of the estate.

BTW, his mother died without a will and his father clearly made a point in his will that he didn't want his son to get anything.

I don't want to be the bearer of bad news, but I would ask legal advice if you continue receiving solicitors ' letters.

[goodatresearch]

Oh dear, its so easy to make nasty comments about so called black sheep. The illegitimate child who hasn't had parental support being one example.

[nannamoon1]

My mum contested her EX husbands will despite in the divorce settlement she got the house fully and maintenance, her husband married but passed away she contested the will and got a decent share.

[Mr.P]

Oh dear, its so easy to make nasty comments about so called black sheep.

 

Indeed, it is easy. However, I will endeavour to keep my comments factual and honest, based on first hand knowledge.

 

I don't want to be the bearer of bad news, but I would ask legal advice if you continue receiving solicitors ' letters.

 

I have already had some qualified advice from a reputable solicitor on the matter. They were of the opinion to ignore until such time as court papers arrived. Based on the limited amount of information I had to hand, they didn't think there was much prospect of a case being brought let alone it having any real chance of success.

 

My biggest concern was having to fight off a caveat, but now probate has been applied for, there is almost no chance of one being entered at this late stage.

[mikeymack2002]

Please be careful regarding this matter. Should this go as far as Court costs could still come out of the estate.

 

This would be the downside of dragging this out..

[Mr.P]

Please be careful regarding this matter. Should this go as far as Court costs could still come out of the estate.

 

To be honest, if there was going to be any legal action, I would have expected a caveat to have been entered as this is a low cost route to extracting a settlement from an estate. I also doubt that there are sufficient funds to pursue a claim beyond a few "willy waving" letters from a solicitor. Should it go any further, we have plenty of high court rulings to support our position as well as copious documentation.

 

Being well aware of the potential costs involved, I want to conclude matters as quickly as possible and avoid any hefty legal bills.

[goodatresearch]

I've heard people say they're going to contest a Will but they don't do it, as you say "Willy Waving". If contested the costs don't always come out of the estate.

 

As for wanting to know the value of the estate, this is so the solicitor can work out if its worthwhile making a claim.

 

Can I ask, are the other beneficiaries siblings of the black sheep. Would they be wiling to give him an equal share. If he truly is a black sheep, I wouldn't be willing if it was me, but it may be less stressful to get rid of him.

[Mr.P]

Can I ask, are the other beneficiaries siblings of the black sheep. Would they be wiling to give him an equal share.

 

The other siblings are equal beneficiaries, and they would refuse to entertain any settlement. The only acceptable outcome is for the black sheep to crawl back under what ever rock he has been living and pay for his own costs.

[goodatresearch]

Fair enough. Unfortunately the court may see it differently. Not saying I agree, I think you should be able to leave your money to whom ever you want. Remember that recent case where a daughter successfully challenged a Will?

[Mr.P]

Remember that recent case where a daughter successfully challenged a Will?

 

Ilott-v-Mitson: Widely disseminated in the daily tabloids and giving the impression that an adult child has the right to a sizable chunk of an estate. It is worth reading some of the publications from the legal quarter for a more balanced and considered opinion. The majority agree that an Inheritance Act claim is still an uphill battle with no guarantee of success.

 

Indeed, there has been at least one case since Ilott-v-Mitson that went the opposite way and the claim was rejected.

[king12345]

While I agree that anyone should be able to leave their inheritance to whomever they like, isn't it a bit unfair that a brother is left with nothing while the other siblings get the lot?

I would be pretty mad at this if I was the black sheep.

Being a parent I cannot think of any reason to exclude one of my kids from my will, unless he or she has attempted to murder me.

Just food for thoughts; one of your option could be that you accept that you have a brother, blood of your blood, and let him have his share, even if he's been a pain in the backside all of your life.

Just an option possibly without any legal ground.

[caledfwlch]

While I agree that anyone should be able to leave their inheritance to whomever they like, isn't it a bit unfair that a brother is left with nothing while the other siblings get the lot?

I would be pretty mad at this if I was the black sheep.

Being a parent I cannot think of any reason to exclude one of my kids from my will, unless he or she has attempted to murder me.

Just food for thoughts; one of your option could be that you accept that you have a brother, blood of your blood, and let him have his share, even if he's been a pain in the backside all of your life.

Just an option possibly without any legal ground.

 

I would say it depends on the reasons as to why the relation is a "black sheep" in the first place.

 

A sibling who becomes a junkie, and robs their relations blind for example, or is not a junkie but steals from relations until disowned? that is someone who I suspect does not deserve a cut. Someone disowned by the family purely because they disagreed with the siblings choice of Partner, or because they come out as Gay? I'd say let the blacksheep do what they can do get a cut.

[Mr.P]

A sibling who becomes a junkie, and robs their relations blind for example, or is not a junkie but steals from relations until disowned? that is someone who I suspect does not deserve a cut.

 

A reasonable assessment and opinion.

[goodatresearch]

That's good news.

 

Ilott-v-Mitson: Widely disseminated in the daily tabloids and giving the impression that an adult child has the right to a sizable chunk of an estate. It is worth reading some of the publications from the legal quarter for a more balanced and considered opinion. The majority agree that an Inheritance Act claim is still an uphill battle with no guarantee of success.

 

Indeed, there has been at least one case since Ilott-v-Mitson that went the opposite way and the claim was rejected.

[Mr.P]

I sense a degree of desperation: Another letter arrived demanding a copy of the will, the value of the estate and a detailed list of the assets. They also thoughtfully advised that the executor(s) would be personally liable if the estate is distributed before a judgement is passed down or the "client" withdraws his claim. As no claim has been filed, there is nothing to rule on or withdraw.

 

Guess they must think we are idjits that can be easily scared..... If these letters continue, I suppose we could issue an injunction for harassment and hold both the "client" and the solicitor jointly liable. Comments ?

[steampowered]

Guess they must think we are idjits that can be easily scared..... If these letters continue, I suppose we could issue an injunction for harassment and hold both the "client" and the solicitor jointly liable. Comments ?

This is a bad idea. You can't get harassment injunctions because people are threatening to sue - if this were possible, it would be impossible for anyone to be a solicitor. Just shrug it off and continue properly distributing the estate in accordance with the will.

 

I do wonder if it is worth just giving them a copy of the will. They'll get it eventually anyway.

[Mr.P]

I do wonder if it is worth just giving them a copy of the will. They'll get it eventually anyway.

 

They could have saved themselves the cost of sending at least two letters and just lodged a standing search at the Probate Registry and obtained a copy of the will via that route. Have spoken with the P.R. and they tell me that the grants are in the post, so I would expect the will will be available to the general public shortly.

 

On the bright side, the more money the Black Sheep spends now on chasing documents that will be available to the public, the less he will have for any litigation at a later stage

[Mr.P]

Now that the six month window has closed for making a claim under the Inheritance Act, it is probably time for an update. Since the last letter sent off to the Black Sheep's solicitor suggesting that they read up on case law (providing them with a long list of rulings), we have received just one mildly offensive Christmas card. I'm guessing that the invoice from the solicitor really hurt

 

Despite inquiring as to his expectations and reasons for inclusion in the will, no answers have been received. As nothing has been forthcoming, I think we can put a line under the matter and get on with life.

[citizenB]

This sounds like good news, Mr.P