General Chat

Can a will made over ten years ago be contested by the person named on it that they are to receive nothing due to the way this person treated the one who made the will.
Complicated life ain't it!

no I don't think it can be if you named them and said they are to get nothing

but out of interest
I do know if a person marries after making a will
the whole will is void and has to be re made after the wedding :-D :-D

No there is know marriage after making it. The recipient is one of two children should that one be deceased then it goes to his child ( grandchild ) of the one who made the will.

A quick Google found this

Contesting a will

You can choose to contest a will if you have reason to believe that there may be something amiss with it but you can't contest a will just because you're not happy with the amount of your inheritance. You must have some more concrete reason for contesting its legal validity. Fraud or forgery is the most obvious basis for contesting a will, but both these allegations are notoriously costly and difficult to prove.
Broadly speaking, the only real grounds for successfully contesting a will in England and Wales are:
Demonstrating undue influence – showing that there was coercion, manipulation, deception or intimidation by another party to put pressure on the person making the will to influence its content to their advantage at the time the will was made.
Proving a lack of testamentary capacity - demonstrating that the person making the will did not understand what they were doing at the time they made the will, no matter who actually drew it up.


Read more: http://www.access-legal.co.uk/free-legal-guides/A-guide-to-contesting-a-will-5006.htm#ixzz2zMHPyVqS

It is not wise to leave somebody nothing in a will where they may reasonably expect something. The reason is that if the will is contested then there will be no pay out to anybody until the matter is settled.

>>> The costs of any dispute are paid for from the estate up until there is nothing left <<<

So contest it and enter into negotiations with the beneficiaries or their lawyers.

good luck

In theory adult children can make a claim for reasonable provision under the Inheritance Act 1975. Whether they succeed seems to be another matter.

http://www.ridleyhall.co.uk/news/1338/

"The Inheritance Act provides that adult children (as well as other close relatives) can apply for provision from the estate of a parent whether a Will has been made or not.

The Court must have regard to what are called the section 3 factors: -

a. The financial resources and needs of the applicant.
b. The financial resources and needs of any other applicant.
c. The financial resources and needs of the beneficiaries.
d. Any obligations and responsibilities of the deceased towards any applicant and any beneficiary.
e. The size and nature of the estate of the deceased.
f. Any physical or mental disability of any applicant or beneficiary.
g. Any other matter, including conduct, which the court may consider relevant.

It is not always easy to predict whether a claim will be successful or not as every case depends on the facts of the case. Cases decided by judges over the years give solicitors an indication of what factors influence them in reaching their decisions. Judges are likely to find in favour of adult children in Inheritance Act cases where:
• the estate is reasonably large,
• there is no other applicant who has any particular financial needs and
• the applicant is in low paid employment and will have financial needs in the future.

Applicants may still gain the Court’s sympathy even where there has been an estrangement with the deceased parent and/or when their lifestyle choices have put them in a position of financial need."


http://www.stephens-scown.co.uk/blog/2012/10/the-inheritance-act-claims-by-adult-children/

"Any child of a deceased person is able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“The Inheritance Act”) if the Will or the Intestacy Rules (or a combination of both) fails to make reasonable financial provision for them. If the Court accepts that reasonable financial provision has not been made then it can re-write the Will or the Intestacy Rules so that financial provision reasonably required for the child’s maintenance is made. We are in this article concerned only with claims by adult children and the particular issues that arise in respect of such claims. The background Testamentary freedom is a fundamental principle of our law and whilst ‘forced heirship’ is favoured by many jurisdictions, the ability of a parent to ‘cut out’ a child is rooted in English law. The Inheritance Act provides a safety net but it is framed in such a way so as to be consistent with testamentary freedom. There is no obligation to leave a property to a child in one’s Will and no principle that a child must inherit solely because of a blood relationship. The limitation of financial provision to the ‘maintenance’ level sets an important practical limit on an adult’s claim, because most adults will be supporting or capable of supporting themselves. - See more at: http://www.stephens-scown.co.uk/blog/2012/10/the-inheritance-act-claims-by-adult-children/#sthash.9jME9Q8h.dpuf
"

More if you google.

Possibly a trip to the local Citizen's Advice Bureau?

Yes,,,,, you as the Will maker,,,,,with legal writing make a Co-Dicil to the original Will,,,,,an add-on,,,in which you can alter or change anything that is written in the Last Will,,,,,,,,,.by doing this it legally overrides anything of the former bequests,

Any wording on the original isnt altered or crossed out ,but the legal Co-dicil is attached to it.see the solicitor who drew up the original......this can be done anytime after a Will is drawn up.

It is the daughter that might contest the will she is the one named, however she didn't bother at all with anything when her a Father died 10 years ago.

It might be best if the main beneficiaries sought legal advice - most solicitors will give a short free consultation. With a bit of luck, they could be told that she's left it too late.

As presumably Probate has been granted and the Estate has been disbursed, it could cause great hardship for those who were named.

It isn't me that would contest the will, however I have passed the info from you all onto the person needing it, verbally that is so your names aren't known but I thank you all sincerely for your help.

One of the sites says that you must make a claim within 6 months of probate being granted, or ask for an extension, which may be granted in exceptional circumstances.

It doesn't seem to be possible after a 10-year gap.

Also, as DetEcTive says, after all this time it would be very difficult to get the money from those who did inherit.

think it has to be withn 6 months or it used to be.