Left out of a will?

Miss B is 30 and an only child. She is in some financial difficulty after losing her job. She has received the news that her mother has passed away and assumes that she will inherit her Mother’s Estate. She then discovers that her mother made a Will leaving everything to a neighbour and nothing to Miss B. Miss B is very shocked and upset by this news; there had been some friction between them but she thought it had all been resolved. She wants to know if there is anything she can do.

The Inheritance (Provision for Family and Dependants) Act 1975 may allow Ms B to make a claim against the Estate because children are one of the classes of dependants who can make such a claim.

Executors – disagreement about the handling of property and the estate?

Mrs S and her brother Mr G have been appointed as Executors under their late Father’s Will. They do not have a close relationship and struggle to get on. Their father had very little by way of possessions other than his house. Mrs S and Mr G are the only beneficiaries.

Mrs S wants to sell the house as she would like the money to allow her to have a nicer standard of living. Her brother, on the other hand, wants to ‘keep the family home in the family and use it for his own family to reside in’.

This is a typical scenario; at a time when emotions are high, disagreements can be more likely to occur.

Challenge to a will by long-lost family member?

Mr J and his mother were very close and he cared for her in the years prior to her death. She left her entire Estate to him in her Will. Two months after he obtained Probate, his sister- who had not been in contact with his mother for over 25 years- instructed a solicitor to make a claim on the Estate. He is very angry about this because his sister treated their mother very badly and caused her much distress. He is adamant that his mother would not have wanted his sister to receive anything from her Estate.

Capacity and unusual/sudden amendments to a will?

Mrs P was diagnosed with dementia and heart failure and her partner of 30 years struggled to look after her at home because her behaviour became erratic and she would have violent outbursts. After a spell in hospital for complications due to her heart issues it was decided that Mrs P should be admitted to a care home to continue her recuperation. Mrs P was angry about this and unbeknownst to her partner made a new will leaving everything to her estranged son who had started to visit her a lot whilst she was in the care home.

Mrs P’s partner is concerned that Mrs P would not have had the capacity to make a new will and/or was pressured into doing so by her estranged son.

Trustee in breach of duty/not providing information

Mr F was the beneficiary of a Will Trust which provided that he should receive 20% of the income from his late uncle’s shares. It is now well over 2 years since Probate was granted and he has not yet received any information about or income from the shares . He has written to the solicitor trustee on many occasions but feels he is being fobbed off.

The above case studies are designed to show types of disputes which typically evolve when dealing with a person’s estate and the administration of it, after they have passed away.

At Adams & Remers we have experience in dealing with all sorts of disputes and issues to do with Wills and Trusts including scenarios similar to the above and beyond. Please contact us today to see how we might be able to help you.