Entitlements and Disputes   on what grounds is it possible to contest a will? my partner's mother has left her house to her daughter and any money in her estate to her son(a difference of about £150,000. She has done this on being assured by her daughter that we have a house and she doesn't . She has neglected to tell her that we have ahuge mortgage and she has lived all her married life in rent free accommodation. My partner wishes to contest the will on grounds of fairness. Is this an appropriate challenge? Not in my view, the testator can make what provisions they like in the will. You would have to show that you relied on the testator for your wellbeing to have the will changed. That said it is always sensible to see a Solicitor to get a legal opinion. Answered by: Mark Keenan, Editor Will Requirements Different Countries   My mother is currently in the middle of planning to move abroad (to turkey) we were wondering if a uk will, will be valid in turkey or will she have to have a further will drafted in turkey, or is there a special international will? Thanks No, a Will drawn up in the UK will not be able to deal with any assets she has in Turkey. She would be advised to make one for her UK assets and one for her Turkish assets. Answered by: Mark Keenan, Editor Legal Process   Can wills be conditional. If I were to die and my wife/children lived, then I would leave everything to my wife and children. If, for example, we all died in an air crash, then I would want to leave everything to my mother. In particular, I do not want anything to go to any of my in-laws. Yes, you can have a chian of events as you describe in your will, that is quite normal. Our WillForLife package which costs £9.99 will be able to deal with that for you. Answered by: Mark Keenan, Editor     My sister and I are joint executors of my late fathers will, both of us are also joint beneficiaries of this will - which totals to liquid assets of £50K or more. We live many miles away from each other. I just had a baby after my father died and was feeling very low and vunerable, so my sister wanted to deal with all of my fathers finances (she went to his house and seized hold of all his papers while I was in hospital). She was appointed then the executor, with power reserved to me for probate. This was now nearly seven months ago. After months of me chasing her and getting no where fast, eventually she sorted the estate out and was given the grant of probate nearly six weeks ago. I then obviously kept trying to get in touch with her and often my call were not returned. She was due to go on holiday two weeks ago and then promised me that a cheque would be sent to me in the post before she went. I received nothing and confronted her on her return she said that the money had only just come in and that part of my share would be forwarded to me last week. I still haven't received this. I need to know where I stand, as I feel helpless to do anything more and it's causing me alot of upset to know that what my father left for my family is not happening and I am getting told a different story whenever I ask about it. If you can offer me some legal advice, I would greatly appreciate this. Thank you. You need to get a Solicitor involved quickly. If she has obtained the money, she may have spent it illegally which means you would have to sue her to get the money. If this is the case, she has also committed fraud for which she would be imprisoned. Answered by: Mark Keenan, Editor Entitlements and Disputes   My father lived with my Grandmother for over 20 years. In this time he paid a vast majority of the bills and repairs and even an extension on the home and also looked after my Grandmother who was in her 80's. In my Grandmothers Will, she left the house and everything to my Dad. Sadly and unexpectedly my Father died, suddenly - just five weeks before my Grandmother and in my Grandmothers Will she stated in the event of my Dad's death that the estate is to be divided equally between her surviving Grandchildren. This is myself and my sister and my three cousins. My sister and I think it unfair that my cousins should have 3/5th's of the estate in light of my fathers considerable contributions to the house but they are adamant that they are not letting my sister and I have even a 50/50 split - is there nothing we can do to contest this? My Dad even paid off their fathers (my uncles) liabilities when he passed away and the list goes on it seems so unfair and that they are after all they can get. I do not thinks so as it was entirely upto your Grandmother to distribute her estate as she pleased. As your father passed away before her, his will has no relevance as the estate never actually passed to him first. I think you should get some independent legal advice. Answered by: Mark Keenan, Editor     My father recently died of cancer, I am his only child. My mother died 4 years ago and my dad remarried about 20 months ago. I was excluded from all the planning of the funeral by his new wife - we do not have a very good relationship! He left a will, which is in the early stages of "probate" (is that the correct term). I am also not an executor of his will and from a brief chat with his solicitor, who was helpful, (within the required confidentiality) suggested I will only be left a few personal possessions in the will and there will be nothing for this grandchildren. I always had a good relationship with my father, although it became more difficult once my mum died and the whole relationship with him/new wife I found, difficult but tried to keep it on reasonable terms for his sake. I am considering contesting the will on the grounds of "undue influence" and possibly mental capacity as he did have cancer on the brain; it is really gutting and hard to take to be excluded like this and would appreciate some general advise before I take things further. I was not financially dependant upon him and the will was drawn up using a solicitor. I assume this is in the strictest confidence Many thanks All I can suggest is that you get some independent advice from an independent Solicitor. You may be able to make a claim against his estate under the Inheriance Act as you are his only surviving blood relative. Answered by: Mark Keenan, Editor     my auntie died recently and for years has always said if anything hapens to her she would leave her house and monies to me in her will.she has had a gentleman living with her for about 14 yrs they are not married . he was an alchoholic and i have always had my suspicions about him .in january this year my auntie and gentleman who lived with her went to her soliciters and changed the will i have heard he is to get the house monies and car for himself i beleive she was forced into doing this is there anything i can do also in her will it says if anything happened to him everything goes to me but i think he will get rid of everything and i will be left with nothing can i do anything about this.can i contest the will You may be able to make a claim under the Inheritance Act if you can prove that your Aunt had said that you would recieve the estate. However I would go and get a Solicitors oppinion before taking any action Answered by: Mark Keenan, Editor Legal Process   no spouse, three children, who would be classed as next of kin ,legally? will left,three executors,do we need to use a solicitor to access deceased bank account? The estate will be divided between the 3 children of the whole blood. You will have to obtain Letters of Administration to do this. http://www.willyouever.co.uk/moreinfo.asp Answered by: Mark Keenan, Editor     We purchased a property in 1999 as boyfriend and girlfriend albeit the mortgage is in his name only and he pays the mortgage - this was in case we split up, I would have no claim on him. In the meantime we got married in August this year. Although my name is not on the mortgage deed, should he die - will I be entitled to live in the property? He has a 13 year old son who whose time is divided equally between his mum and dad. Does my step son have any entitlement too? If there is no will, and the estate is valued at less than £125k you as his spouse will receive everything. If it is worth more, you will get the £125k plus chattels and the remainder would be divided as to half for the child and the other half would be held in trust for you and income paid to you for your life. When you die the capital goes back into his estate to be paid to surviving children or their children if no child has survived. Answered by: Mark Keenan, Editor     My sister will inherit half of my estate should I die but is presently seeking a separation from her husband. Should anything happen to me before she leaves him would he have any entitlement to the money I leave my sister? He can ask the court in a divorce to take the inheritance in to account. This would only be taken into account if it was known you were either ill and likely to doe within a short period or you were old and likely to die within X number of years. He would not physically be able to touch your money but to have more of the matrimonial assets. Answered by: Mark Keenan, Editor