Last Will & Testament (Video Your Will)

[Wallaby]

I don't know why they would contest you weren't of sound mind.

I 'think' the UK is very similar to oz in that ANY ex wife, children etc of yours can claim on a Will even if you leave them nothing. They don't have to show you are insane or anything like that, they only have to show they deserve to be given a percentage of the inheritance. For the ex wife that will be because she was a loving wife at the time and you shared everthing. For kids it could be because they were dependant on you for a number of years.

Basically the only good thing a Will does is to make it faster to ensure the money goes out faster, if not contested, and it stops the state getting their hands on it. Any ex wives, children, de facto, mistress, etc may all claim for dependency. Your refusing to give money to a child because he/she is a drugged up theif won't carry any weight.

Those of you that have experiece of this in the UK would know more though.

Your proposition caught my eye because my ex wife (who was my wife when she died but we had been separated for 10 years) left all her not insubstantial estate to Battersea Dogs Home . Much of the money had been wrestled out of my grip during a lengthy separation agreement after we split. Having given up half our joint wealth to her, nothing comes back to me on her death. It would be nice to think I could contest the will. I did not try - I was happy enough to be released form a requirement to support her to the tune of £36,000 per annum! But It would have been even nicer to think that we could have got something for her full-time carer in the last 2 years of her life; he had been totally ignored. But the answer came back from a family lawyer I consulted - 'tough mate', the will is legal and fairness is not by itself a criteria for challenge

So, I didn't think your assertion was correct in the case of the UK. I have just googled and found that there are a number of ambulance chasing UK lawyers out there encouraging you to contest unfair wills. However, the following reasons for contest seem to be typical - ie I can find no evidence to sugest that you can claim something from an ex-spouse simply because you think you deserve it. We could expect ambulance chasers to major on this big time if your proposition held water.

Not trying to put you down sport - just don't want anyone getting too over-enthusiastic too quickly

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Extract from a UK contested will ambulance-chaser (no win no fee) lawyer firm's marketing plug on the web

Reasons for contesting a will

Common reasons for a will dispute include:

1. The will does not reflect the wishes of the deceased because it was drafted negligently or contrary to the instructions of the deceased.
2. The will was signed under undue influence, for example the deceased was pressured into signing the will.
3. The deceased lacked the necessary mental capacity to sign or to give instructions for a will, e.g. the person was suffering from dementia or a similar mental illness when the will was made
4. The will has been drafted and signed incorrectly, which is often a problem with homemade wills

Even if a will is valid, you may be able to claim against the solicitor or other professional if they drafted the will negligently.

No offence taken at all, thank you for clarifying. I thought the English law re Wills would have been fairly similar to ours in oz, considering we stole all your laws years ago.

Wills law seems a lot fairer to what the deceased's wishes are, good.

I just did a quick google and found this about contesting a Will in the UK......

Wills can be challenged in court by disappointed would-be beneficiaries, and they can be declared invalid for a host of reasons - not least 'undue influence' or if the will writer was not of sound mind. Even inappropriate use of legal 'gobbledegook' or loss of the original copy are reasons for a will to be declared invalid. The most cunning plans to disinherit can fail if it can be argued that you have ignored your 'moral obligations' to family members. The result could be changes to your will and even an ugly family feud.

It is a myth that you can distribute your money just as you wish, so long as you have written a will. You do have the right to exclude obvious beneficiaries, such as a spouse or children, and leave everything to the dog's home instead. But relatives may have the legal right to contest your last wishes.

http://www.guardian....ion.theobserver

To the OP, as another poster said, there is nothing at all stopping you from contacting either solicitor, if you wish. If you do not wish to contact the solicitor you could always contact the Administrator of the Will and keep him/her up to speed on the Thai wife etc.

Please do keep us informed of the final outcome, it would be interesting.

Cheers

Edited August 12, 2011 by Wallaby

[DEVATSAR]

Dear Santisuk

I dont know if you read the Original post, she is contesting the will is a forgery, ie he didnt make it !

i have spoken a UK lawyer at lenght who has NO vested interest in this case and she CAN contest the will under several conditions, no if or buts or may-beys

There has been an allegation of criminal activity by her, it has to be investigated by BRITISH police. Do you know how long this will take !!

There are many "ambulance chasers" out there lawyers etc who have a vested interest in contesting the will( making money) they know what they can and cant do that is why I have done a video will to STOP these pathectic allegations made by someone like this *********

She went to a lawyer he didnt chase her....

You may say it will never stand up in court, trust me i would NEVER guarantee ANY decision made by a UK court.

Cheers

Paul

[Livinginexile]

Was the marrage to the second wife (Your wife's sister?) legally registered either in Thailand or UK?

This would make a big difference. If the will states "to my wife" when infact she was NOT his wife (by legal definition) then this most likely would be a major factor in the legal procedings. In otherwords wife No. 1 could claim she was just a girlfriend! they were only together for a short period of time!

Are there any children to the first marage that are still living at home?

[DEVATSAR]

Was the marrage to the second wife (Your wife's sister?) legally registered either in Thailand or UK?

This would make a big difference. If the will states "to my wife" when infact she was NOT his wife (by legal definition) then this most likely would be a major factor in the legal procedings. In otherwords wife No. 1 could claim she was just a girlfriend! they were only together for a short period of time!

Are there any children to the first marage that are still living at home?

To clarify a couple of points, my bothers second wife was not his first wifes sister

They were married legaly in the uk

there are children from the first marriage

I think Wallaby has hit the nail firmly on the head with his last post Basically ANYBODY can contest the will

Thats why i made a video will to stop any of this nonsence

I would advise anyone to do the exact same

Regards, and many thanks for all your help and replies

,

Paul