Is it possible for me to contest my stepmother’s will?

Can I contest my stepmother’s will?

The question, ‘Can I contest my stepmother’s will?’ crops up on our popular legal helpline with surprising regularity. We are all familiar with the fairy-tale of Cinderella. Cinder’s mother dies and her father remarries. The wicked step mother assumes control and favours her own children at the expense of poor old Cinderella. In the fairy tale the wicked step mother and her children get their comeuppance, but in real life the ending isn’t always quite so happy.

Stepparents, stepchildren and inheritance

As specialists in conrtesting wills, we are receiving an increasing number of enquiries from stepchildren who have lost an inheritance they believe is rightly theirs due to the actions of a stepparent.

Here’s one particularly common scenario: Mum and dad have worked hard over the years to accrue their wealth; the intention always being to pass that wealth on to their own children. Mum dies early and dad goes on to remarry someone with children of her own from a previous relationship. When dad dies his estate passes to his new wife. It’s then her’s to dispose of how she pleases. The new wife decides to pass the combined estates to her own children, cutting out her step-children completely.

The same issues arise where mother remarries and the stepfather inherits.

Step-children contesting wills on the increase

It’s clear that this now presents a major problem in modern Britain. Social trends are likely to be at play here. The prevalence of re-marriages and blended families, coupled with rising property prices and greater cross generational wealth, is a breeding ground for these disputes.

The problem is fuelled by the common practice among married couples to make mirror wills which leave the surviving spouse everything, with the combined estates being divided between the children of both marriages on the second death. In most instances that works very well, but not in all cases.

After the death of the first spouse, the remaining mirror will is automatically revoked as soon as the survivor remarries. This means that a new will has to be made, the terms of which may be different to the original one. If a new will is not made then the intestacy rules apply and it is important to bear in mind that step-children are not recognised under those rules unless they have been formally adopted.

We also find that the relationship between the stepparent and the stepchild can often become more distant after the last biological parent dies. They have lost the person who connects them after all. This can result in the surviving spouse eventually changing their will so as to leave everything to their own children, excluding the stepchildren altogether.

As a result of these factors contested wills involving stepparents and stepchildren are on the increase.

How we can help you 

There are measures that couples with children from previous relationships can take to ensure that their biological children don’t lose out. However this is not always something they will wish to confront. People are understandably wary about raising awkward financial issues with their other half and offence can easily be caused. But can the risk be ignored? If they don’t deal with it, are their jeopardising their own children’s financial future?

Where it is already too late to avoid a problem and you are left asking, ‘Can I contest my stepmother’s will?’ our team of specialist solicitors are here to help and can offer a range of funding options, including no win, no fee.

Call us on 0333 888 0409 or send details to us by email at info@contesting-wills.co.uk

 

 

 

 

Is it possible for me to contest my stepmother’s will?

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Case Studies - A track record of success to be proud of

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We are proud of our track record of success in the complex area of contesting wills. We have achieved successful outcomes in a vast range of scenarios. If you take a look at our case studies you will see the breadth of our experience and our numerous successes. You may find a case that directly mirrors your own, but if not, the chances are that someone in our team will have dealt with a similar case.

Frequently Asked Questions

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Some of the questions our specialist contesting wills solicitors are most frequently asked. Please feel free to contact us to ask any questions related to your case, we also offer a free 30 minute consultation.

A mirror will reflects the contents of another will made at the same time. They are commonly made by spouses (and sometimes unmarried couples) who wish to leave their estate to the other, with the combined estates then being left to named beneficiaries (generally children) on the second death. The terms of each will ‘mirrors’ the other, but the survivor is free to make a new will if they choose to do so.

Mirror wills should not however be confused with mutual wills. While they are similar in that each will reflects the contents of the other, a mutual will goes one important step further. It creates a legally binding agreement that the terms of the wills must not be changed when one of the will makers dies. Mutual wills are effectively an enforceable contract, with the surviving will maker being legally bound not to alter or revoke their will.

Mutual wills are far less common than mirror wills. While they provide certainty after death, they do not allow flexibility or testamentary freedom once the first person has died. They are also open to challenge upon grounds such as undue influence.

The most common grounds relied upon to contest a will are as follows:

Failure to comply with the Wills Act

A will must comply with all the formalities of the Wills Act. This means it must be in writing, and it must be signed by the deceased in the presence of two witnesses who signed the Will in the deceased’s presence.

Lack of Testamentary Capacity

The maker of a Will must have sufficient mental capacity (known as testamentary capacity). The law requires that they understood:

  1. That they were making a will and that it had the effect of carrying out their wishes upon their death;
  2. The extent of their property and what it consisted of; and
  3. The claims on the estate which they ought to give effect to.

Undue Influence

If the deceased had pressure placed upon them to make a will or change the terms of an existing will, then it may be legally invalid. The signs of undue influence include:

  1. Last minute changes to a Will
  2. Family members being disinherited and people who were only close to the deceased for a short time being named as beneficiaries
  3. A handmade Will that was drafted without the use of a solicitor
  4. A deceased who was vulnerable
  5. A deceased who stopped contact with loved ones prior to their death

Lack of Knowledge and Approval

The maker of the will must have had 'knowledge and approval' of the will's contents for it to be legally valid.

Forgery or Fraud

This occurs where a will has been falsified in its entirety, or parts of it have been altered or forged in some way. It includes cases where the deceased’s signature on the will is not genuine.

Fraudulent calumny

This involves beneficiaries who poison the mind of the person who made the will in order to persuade them to disinherit other potential beneficiaries.

Alternatives to challenging the validity of a Will

Aside from disputing the legal validity of a Will, you could also consider making an Inheritance Act claim or pursuing an action for proprietary estoppel if a promise has been broken.

It is difficult to assess what it will cost to contest a will at the outset of a case. There are so many different factors that impact legal fees, including the complexity of a case and the steps that will be required to obtain the evidence to support it. The conduct of your opponent can also have a great bearing.

Because legal costs are usually calculated on an hourly basis, the longer a case goes on, the more work that is required, and the greater the costs will be.

Another key factor is the seniority of the solicitor who deals with your case. The more senior the lawyer, the higher their hourly rate will be.

We have a large team of specialists who deal exclusively with this area of work. This means that we can offer specialist representation at all levels. Our team of qualified lawyers includes

We will be happy to discuss which member of our team will be best suited to your case and provide details of their hourly rate.

Because we specialise in contested wills, we trust our own judgment and are therefore willing to work No Win, No Fee basis. Not all cases are immediately suitable for No Win, No Fee funding, of course. We can only offer this funding scheme where the prospects of success are good. Sometimes this will be clear from the outset and an immediate decision can be made. Other cases might not be quite so clear at the outset, and investigations will need to be carried out. This could include:

  • Obtaining the deceased’s medical records;
  • Speaking to the witnesses of the will;
  • Obtaining will preparation file; and
  • Requesting a statement’ from the solicitors who drafted the will.

Once these investigations have been carried out we will be in a better position to make an informed decision on whether No Win, No Fee funding can be offered. We may be able to carry out that investigatory work for a fixed fee.

We are also able to deal with cases on a deferred fees basis, where you are guaranteed to receive monies from an estate that will be sufficient to meet the legal costs.

New Channel 4 legal series

If you are involved in a legal dispute, then the production company behind Who Do You Think You Are? and Long Lost Family is keen to hear from you.

In a first for British television, a legally binding alternative to the congested, lengthy, and costly court process is being offered. Each side’s case will be prepared by an independent solicitor and presented to an impartial arbitration judge by a leading barrister. This process will be free to all who take part, with the cost of legal representation being covered.

If you would like to discover more about taking part in this first-of-its-kind series, click here or send us an email.