Q: Before my dad died earlier this year he told me he was leaving everything to my mum and when she died everything was to be split equally between me, my brother and my brother’s three children. Since dad died, however, my brother and his wife have started alienating mum against me and I’m worried they’re doing it to try and get me cut out of the Will she made when dad was alive. Can dad’s final wishes be ignored?
A: In England and Wales, people have what’s called testamentary freedom. This means that unless your parents made “mutual wills” - a rare, legally binding agreement not to change their wills after one of them dies - your mother is free to alter her will. If probate has been granted on your father’s estate, you can check whether he left a mutual will by getting a copy of his will through the government’s online probate search service.
If there was no “mutual will”, your mother can decide for herself how to distribute her estate. However, if she changes her will because someone pressures or manipulates her, the will could potentially be challenged after her death on the basis of undue influence. These cases are, however, hard to prove and rely on strong evidence.
Although there is no fixed deadline for challenges to a will’s validity, if you do need to contest a future will, it is important to act promptly if you believe something is wrong - before the estate is distributed. A contentious probate solicitor can advise you on your position and, if necessary, assist you with entering a caveat, which temporarily prevents probate and gives time to investigate. There may also be other types of claims to consider, e.g. for financial provision under the Inheritance Act, which must be brought within six months of the grant of probate.
This question has been answered by Sarah Talbot, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
