My uncle has left his estate to a neighbor can I contest the will?

Question

My uncle has left his estate to a neighbor can I contest the will?

Answer 1

Who a person leaves his 'estate' to 'BEING OF SOUND MIND' is totally their decision and their right of choice... as in freedom of rights?!

If you are contesting this as you are certain you are his last remaining blood relative and that he had really lost all mental capabilities and couldnt make his own descisions (so as NOT BEING OF SOUND MIND)  therefore may have been persuaded to do this..

THEN YOU MAY HAVE A CASE...

Were you the one who took care of him in his times of need or did the neigbour do it because you were getting on with your life?  Just a question not being nasty.  Often a family member is forgotten about until they may possibly have left something when they die.  I have seen a lot of cases where the neighbour or a good friend has been there for the aged person for all their needs  and gets nothing when a distant long lost family member turns up... all wrong in my eyes.

Another thing did you know that for instance

husband and wife   two kids...

they divorce wife takes kids

marries again new husband adopts kids.

when their biological father dies because they have been adopted by new step father they get nothing from biological dad.?!

Its a very complicated set up This is UK based info... not USA dont know what happens out there

Answer 2

If you want to.

Might cost you more if you lose.

Answer 3

You can always contest a will, if you feel you have grounds to.  However, he was entitled to leave his property to whomever he wished, unless you have reason to suspect the will was not properly executed you're on a hiding to nothing. Go and see a solicitor, with cheque book in hand.

Answer 4

You can - do you have lots of money for a good solicitor

Answer 5

It depends.  What grounds do you have for contesting the will?  Generally speaking a will is considered valid on its face absent any defects in the document or evidence to the contrary.  Given the limited facts presented in your question.  The most likely argument you might have to contest the will is undue influence.

Make an appointment with an attorney and get a free consultation.  The fact is that unless you can prove undue influence, the will most likely is valid.

Answer 6

Generally there are two reasons only for contesting a will which are likely to succeed. They are that the will is in some way fraudulent, or that undue influence was used by a third party. There are matters of spousal dependency too, but that doesn't apply here. Unless you can prove one or other of the reasons I have cited, easily and without doubt, you are probably onto a hiding to nothing. Courts in the UK are reluctant to overturn the Last Will & Testament.

Answer 7

i dont know hard one

Answer 8

The costs may outweigh the Estate, so would it be worth it

Answer 9

Sure, if you have grounds to do so. You haven't stated any; nor what would happen if that benefit or the entire will were set aside.  

Answer 10

Why did he leave the estate to the neighbour? Did the neighbour help him out? Was it the neighbour who looked after him when he was ill, kept him company when he was lonely, shopped and cooked and gave him a social interaction?

Where were you when this neighbour was inveigling his/her way into your Uncles's affections? In a pub, probably not giving the poor old bugger a thought.

Let the neighbour have it. Your Uncle owned the house and has the right to leave it to whoever he pleases.

And next time you have a rich old relative be a bit nicer and it might pay dividends!

Answer 11

Sure, however the law presumes that a will is valid unless you can prove grounds for contesting the will.  This is not something you will be able to do without hiring an attorney.

In a will contest, the contestant offers proof or evidence that the will is invalid. Such proof is usually intended to demonstrate any one or more of the following:

    * the will was not properly signed;

    * the person making the will (the "testator") lacked the requisite testamentary capacity;

    * the testator was subjected to undue influence in the making of the will;

    * the testator was fraudulently induced into signing the will;

    * there was a mistake in the will.

Some attorneys charge on an hourly basis and, win or lose, you can expect to pay for the attorney's time in bringing the will contest. I know of more than a dozen attorneys who will insist in receiving a large retainer before they will even begin representing you.

There are other costs that may be paid for by the client, the attorney, or by both the client and the attorney. These can include court costs, witness fees, deposition costs. These should be discussed with your attorney.

Because of the burden of proof, there is a high probability that your will contest will be unsuccessful.