Background, my elderly parents originally left everything to our late brother as he lived with them. They also put his name on the house deeds (joint owners) so he wouldn't be left homeless in the event of them predeceasing him as you would normally expect. Also he looked after them and paid towards the upkeep of the house.
So fair enough so far l felt personaly though my younger sis was very unhappy about 'him getting everything' etc etc. But sadly he predeceased them both and parents original will then left everything between my sister and I.
But then my younger sister took over our elderly parents care, gave up work to do so - her choice - and dealt with everything to do with our parents for the next four years up to today. I still visited them etc
.
Our mother passed away early this year and dad is now in a home as Dsis didn't think dad could live on his own safely even with her help.
I have found out now on enquiring what happened to mums belongings/money etc (they didn't have much of great value or savings but still) only to be told by Dsis that everything now belongs technically to dad so she is not in a position as executor to them both to distribute anything out until mum and dad are both passed and all debts etc paid.
At this point l realised a new will must have been made as I was 2nd named executor of original one if our DBro predeceased me . I asked her had they made a new will and she admitted they had - a few years ago in order to update because of their sons/main beneficiaries death.
She said their solicitor had written to them suggesting they do this after our brothers death.
But they have apparently changed it to favour my younger sister only and l now get nothing when dad dies.
So what do you all think? My sister argues that this is an exact copy of their first will - again leaving everything to the eldest and the one who was caring for them and the other siblings or sibling(me) as it is now only get anything if main beneficiary/she predeceases me. So she has simply replaced our DlateBro in the pecking order so to speak.
I cant help but wonder if she has taken advantage of being in close constant contact with them and cajoled them or emotionally blackmailed them to this conclusion tbh.
Dad now has dementia so no hope at all of asking him to change his will if of course he wanted to or hadnt realised l wouldnt get anything.
We are talking in the region of £40k down to about £7k that l would have got under the original will (half their house value basically after all outgoings etc). It depends on how long dad lives in the home basically and therefore how much of the remaining estate will go in fees.
So is it worth my while or not to pursue this for this amount of money.
My parents were very fair people and l cant believe they would just leave me with nothing. I appreciate however my sis should get more than me after looking after them all these years.
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Challenging a will - worth the hassle, what are the chances of success?
20 replies
Betternc4this · 17/05/2013 14:56
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babybarrister ·
18/05/2013 13:19
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