Challenging a will

is something this family knows too much about. I have written elsewhere about what happened to us. It is not something I would want anyone else to go through.

It was therefore interesting to read that a grandson in a very high profile property family is now attempting to challenge a will. He has put in an "urgent" challenge for his case to be heard under the "old rules". There will be new legislation coming into effect at the beginning of 2025 and that would perhaps bar him from challenging. Under the new legislation it will be much more difficult for grandchildren to challenge a will.

I am wondering how well this will work. In this case the challenger has at least one serious drug related conviction. Does this make a person less worthy of an inheritance? Perhaps the court will take that into consideration when the time comes.

It may be less common than it was but there are still instances of the bulk of an estate going to the males, sometimes just the first male, of the next generation. In this country it has nothing to do with a "title" being passed on but a belief on the part of the testator that this is how things should be done. Often it carries with it a belief that the beneficiary will see to it that a female or females are cared for. 

The problem is that it does not always work that way. Not far from here an elderly woman I knew was left homeless. Her son inherited the estate which included the house, an expensive car and a portfolio of investments which brought in a very comfortable income. There was also the bank account in his father's name. The inheritance was on a verbal understanding that this woman would be cared for until her death. Instead of making sure his mother was comfortable this man informed her she had to look for other accommodation and that there would be nothing for her. It took several years to sort out the resultant mess and, while something was negotiated, it was far from what was actually intended. 

There was also the case of the step-daughter who had cared for her step-father for many years. He, rightly, left a substantial share of his estate to her. Her step-siblings challenged the will and claimed she had "undue influence" over their father. As they had done nothing to help care for him they eventually failed to get all they wanted but still obtained more than which the will entitled them to.

Perhaps the new legislation will provide a more rapid conclusion to problems like this.

Now there is another story in the paper of a woman who has been convicted of the murder of the man she allegedly inherited from. It has taken many years to sort out the associated problems and it is only now the family can hold a funeral. If the new legislation can prevent this then perhaps it will be of value.

What the new legislation will not do is save the emotional stress that any sort of problem with a will can cause. That is perhaps the thing that matters most of all.