Sunday, 29 December 2024

"Is it too late to challenge a will?"

I had a very odd conversation with someone yesterday. He and his wife were strolling past this house, saw me and stopped. I recognised them vaguely from the shopping centre or the library or somewhere else local. I did not inquire.

"You know about the law, don't you?" he asked me, "I mean you write those letters to the paper about that sort of stuff?"

I admitted having written a couple of letters, letters which have mentioned constitutional issues but carefully added, "I am not a lawyer."

"But you might know..."

"G! You can't go around asking people you don't know about things like that!"

"I do know her, sort of and anyway it's important." 

I looked at them and wondered what was coming. It turned out that here was another person who wanted to challenge a parent's will. There have been a rash of them lately. Those responsible in the court system will know why. The legislation changes on the first day of January and it will be harder to challenge the wishes of the testator, All sorts of people are trying to get a claim in before then.

I wanted to say to this person that I could not tell him anything and that it was none of my business but he went ahead and told me anyway.  Yes, he wants to challenge a will. He has very little time in which to do it under the old legislation. 

"We didn't even get told he had died," he told me, "She had the funeral all over and done with - said he wanted it to be private and for not even his kids to be there. I'm okay but my sister isn't and I don't want her to miss out because of that b...."

If what this man had to tell me is correct then he will have a case anyway. His wife, who had been looking uncomfortable, relaxed a little as I asked a couple of questions. I gave him the name of someone I know and trust. That person will help him find a solicitor who specialises in the sort of problem he outlined. 

If you want to try and be a gold digger then make sure you at least invite the children to the funeral of the man you profess to love. 

 

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