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Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 6934
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Would like to please know when is it too late to contest a

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Hi - would like to please know when is it too late to contest a will? Is there a cut off date or event?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Ah uk, you are us?
JA: What action has been taken so far? What's your ideal outcome?
Customer: No action has been taken so far although the death was two years ago. Last minute amendment was made to my fathers will shortly before his death moving all assets to his wife (zero to any of his children or other relative). This was achieved by entry of a new clause on page 1 of will after his wife invited new solicitor to the house. All the rest of will goes on to talk about division of his estate per the original will. I would like to get rid of the new clause as I don't believe in line with his wishes and I think he was too sick to really know what he was doing (he went to hospice the next day and passed away three weeks later from cancer in his brain).
JA: Anything else you want the lawyer to know before I connect you?
Customer: 1.His wife was physically in the house when new will made. 2. He made promise to me (his eldest son) that his granddaughter education would be taken care of, instead I am completely cut out of all inheritance 3. His wife gave me 7000 gbp saying this was a verbal gift from my dad (& that rest of will document in which he bequeathed each of his children one of his houses was "dads joke" 4. His will was managed for years by his brother, and his wife told no one she invited a solicitor to come and change the will 5. The new will made on 26 may (my birthday) so shortly after making a video recording in which he is clearly very ill and in pain singing happy birthday to me - he cuts everyone but the wife out of the willl while leaving all evidence of his original estate allocation in the document. I don't believe it.
Customer: replied 2 months ago.
He died 18 June 2015

The time limits vary but for fraud there is no time limit. You would need to establish undue influence.

The video evidence shows that he was very ill but it would also need to convince a court that your father's condition was such that undue influence would have succeeded. The solicitor who attended will testify that your father had capacity.

As such it is still possible to challenge the Will at this stage but you have a tricky piece of litigation on your hands.

I hope this assists. If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

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