Contesting A Will

[Santorini]

First, I am really sorry for what you have gone, and are going, through and hope it gets resolved.

This makes for interesting reading and a case history.

Contesting a will: What are my options if I'm left out? | HD

WWW.HARRISON-DRURY.COM

---

Ed Stanley, an expert in contentious wills and probate at Harrison Drury, looks at the lessons learned from contesting a will using the Ilot vs Mitson case.

I don't know how you get on, or could get on,  with your sister. But there is another option if there is absolute trust between you. You can let her obtain probate, she inherits and then makes a Deed of Variation on your mother's will and this lets you inherit, free of IHT, if any has been paid already. Could be a win-win as anything else will be costly in both time and money for both of you.

 

Edited January 9, 2023 by Santorini

[Santorini]

@hunterandthehuntedSome other thoughts. Do you know the size of the estate, whether there will be inheritance tax payable?
Here is a guide and the challenges to claiming under the Inheritance Act.
https://www.brethertons.co.uk/site/blog/claiming-under-the-inheritance-act-1975

My understanding is that the Conditional Fee Agreement (No Win, No Fee) are in claims for compensation (personal injury, employment, medical negligence) where the solicitor is paid up to 25% of the compensation if successful. I don't think it is for any legal case.

[Santorini]

So under the IHT threshold.

 

Let's hope they can give you a free consultation to see whether they think you have a case. Do keep us updated.

[Santorini]

Sounds positive. 

You have children I gather, her grandchildren. Does your sister have children?
 

It might be worth thinking about what would be “reasonable financial provision” for you. If the caveat makes your sister decide to negotiate and/or what you might ask the court, if it went that far.

[Santorini]

Will you both be going to the funeral? 

[Santorini]

Such a shame. Be very wary of talking about any issues at all with any of the family on the day. Emotions run very high at funerals.
Keep us updated as things progress.