Family Will/Inheritance

[ontheball]

Just about to go through some major issues I foresee following a sibling left out of a parents will (major backstory and issues with sibling and their spouse).

Is anyone willing to share their experiences of issues and if the falling out which ensued was ever resolved amicably?

 

[Ffermer Bach]

My advice would be for the parent to hand write a letter to the judge, explaining why they have chosen to do what they did, so in the event of the will being challenged in court, the judge can see it was a thought out rational reason for the decision. I would advise getting either a barrister or solicitor who's area that is to help pen the letter.

Was told of something similar, where the sibling who was left the farm, ended up paying off the excluded child to stop the legal fees of a challenge continuing in court. For example barrister charging £1000 for each journey to court! That puts paying a barrister to help pen the letter of intent before death in perspective!

 

[ontheball]

For reference, this is in Scotland where the law will be different.

After the childish behaviour demanding money from a parent they’ve had no contact with for 20 years, I am not sure I want to have any contact with the sibling myself now. Still hard when you don’t have much family and it wasn’t me who wrote the will.

 

[Rich_ard]

Can't you avoid the fall out in the first place. Easier on all involved.
Family can fall out over the slightest thing and it never gets resolved. Would all depend on your family.

 

[ontheball]

Brother lost the head when saw dads will and he’s not mentioned in it. Going to contest.

 

[ontheball]

That’s the short of it. We always hated his wife, she’s a money grabber. Tolerated her for 5 years then went zero contact with her.

 

[serf]

Can't work out from your post if your talking about the will being read or the will being made but the usual way to leave someone "out of the will" would be to leave them a " token gesture " a grand or whatever ,

then they can't say they are left out the will , can still contest it though.

 

[ontheball]

They have been sent the will now parent has died and lost the head.

 

[flywheel]

In Scotland to contest will its the high court ,starting fee is 50k upfront rising to 100k very quickly...that's not including lawyers etc that the court fees ....Qc were 10k per hour ...

 

[Nearly]

It might be cheaper to send sibling a large cheque now than go to court.
Obviously in exchange for an signed agreement not to come after everyone for more £.
Solicitors will look at the number at the bottom of the porbate application and charge accordingly.
(England)

 

[serf]

It might be cheaper to send sibling a large cheque now than go to court

Catherine Jenkins sang about just this situation ...

 

[Bobby Spray]

Having been through a will dispute recently - I understand the situation here. Wills can only be overturned in very specific circumstances. Usually from the court of session (?). If the will has been signed and recorded correctly then I doubt you have anything to worry about. let him waste his money. his case seems without merit so costs likely to be prohibitive for him.

 

[Netherfield]

The best legal advice is not on this website

 

[Landrover]

Go and see a solicitor FFS ! Better spending a couple of thousand now than multiple 10s of thousands in the future!

 

[farmerm]

They have been sent the will now parent has died and lost the head.

Sorry for your loss.

 

[spin cycle]

My advice would be for the parent to hand write a letter to the judge, explaining why they have chosen to do what they did, so in the event of the will being challenged in court, the judge can see it was a thought out rational reason for the decision. I would advise getting either a barrister or solicitor who's area that is to help pen the letter.

Was told of something similar, where the sibling who was left the farm, ended up paying off the excluded child to stop the legal fees of a challenge continuing in court. For example barrister charging £1000 for each journey to court! That puts paying a barrister to help pen the letter of intent before death in perspective!

writing a letter explaining your own will is a brilliant idea....I'm going to do that

 

[steveR]

Go and see a solicitor FFS ! Better spending a couple of thousand now than multiple 10s of thousands in the future!

Been in a slightly similiar situation as an Executor a few years back where the Will was contested.

Other party had Solicitors who had obviously lined up a nice little earner.... The Solicitor who was appointed as an Executors Solicitor was u/s, but what he did do was put me in touch with an expert on Probate and Wills etc. he was brilliant.

We ended up in the High Court, and won, but it was an annoying win, as the legal costs were crazy money, and the "other party" was awarded by the Court, the exact same sum of money and provision, that my expert and I had offered her 2 years previously....

My advice to @ontheball , get an expert on the case, and be prepared to make an offer to prevent any legal challenge, no matter how unlikely it is to succeed. Your common and garden Solicitor will not necessarily be good enough....

 

[steveR]

Having been through a will dispute recently - I understand the situation here. Wills can only be overturned in very specific circumstances. Usually from the court of session (?). If the will has been signed and recorded correctly then I doubt you have anything to worry about. let him waste his money. his case seems without merit so costs likely to be prohibitive for him.

Not sure how Scottish law will treat this case, but gut instinct is to still consult an Expert in the field who can assess the Brother's claim in an impartial manner, and see if there is any merit whatsoever in it. Brother will need to articulate his claim though, again through a Solicitor, which might steady him up, having taken considered advice....!

Good to also have the Solicitor acting as a buffer for the OP... this cannot be underestimated in my (sadly, experienced) view!!

 

[David.]

I am amazed anyone has so little self respect as to challenge a will.
If they didn't want you to have anything, and went to the trouble to exclude you, they can effing poke it.
Is my philosophy anyway.
No-one is entitled to inherit anything unless the benefactor wishes it so.

 

[serf]

I am amazed anyone has so little self respect as to challenge a will.
If they didn't want you to have anything, and went to the trouble to exclude you, they can effing poke it.
Is my philosophy anyway.
No-one is entitled to inherit anything unless the benefactor wishes it so.

It's best to " gift something" as a token gesture if you foresee " trouble ahead" then they can't say they were left nowt!