My mother didn't leave a will. Can I stop her horrible children that hated her getting any money?

Question

I was a carer for my mother for 20 years. She died last Saturday at the age of 87.

I more or less devoted my life to her. While her other two children (who are now in their early 60s), hated her guts. I was loyal to her.

Mum did make a will that left half of her estate to me and my other brother. For me that is acceptable, but the will wasn't finalised. No signature but the solicitor has the documents). But the intention was there.

I gets me so mad that her other two children who DISOWNED HER, now want their cut which would be an estimated £35,000 each once it's split five ways.

This means I will not have enough money to buy a home or apartment of my own. It's so unfair. Mum did not want that but the truth is she always thought signing that will would mean she would die soon. She'd turn in her grave if she knew what position I have been left in.

Does anyone know if I can contest a will that hadn't been finalised?  I think everyone needs to know the truth how my older brother and sister have behaved.  Both of them haven't seen my mum for 20 years, and brought their children up (my mum's grandkids) to hate my mother and she was even dubbed the 'old witch'.

Would I be entitled to legal aid, any know. I live in the UK.  Thanks.

? · Answer

When someone dies and leaves no Will (which is what your mum has done because it wasn't signed) then the children are all entitled equally.  The fact that they hated her doesn't come in to it at all, or that you were her sole carer.

You might be entitled to legal aid (some of the rules have changed recently about who can or can't have aid) but I think you need to see a Solicitor asap because a Court of Law might uphold the unsigned Will but don't rely on my word for that as I am not legally trained but I have been an Executor several times when someone died intestate (meaning leaving no Will including my own mum).

Villa Bahri · Answer

This is more common than people think. Life isn't fair and you are only entitled to your share. The lesson in all this is to accept this and you know you did the right thing by your mum. Sadly she didn't do right by you. Also even if she had left a will her other children could have contested it. The moral of this story is to devote yourself to your mum or dad out of love and not for gain

Jackie M · Answer

If you are unemployed or on a low wage you will get legal aid and you can contest the will but to be honest the Judge will tell you thay have the same rights as you do, Good Luck

xK · Answer

Sure you can, assuming the lawyer drew up the paperwork and will testify to her state of mind when she was there.

That aside, generally, it doesn't matter; all children are treated equally.

Anonymous · Answer

Only the solicitor can advise. At the end of the day you are not entitled to a larger share unless the solicitor thinks so. But an incomplete will is what it is. Your mother just didn't do the right thing. It happens.

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My mother didn't leave a will. Can I stop her horrible children that hated her getting any money?

5 Answers