Can my brother contest my dad's will?
Answer:
He can contest, but he has to prove that Dad was not of a sound mind when he wrote it.
I would dissuade him, as it gets expensive and the lawyer fees may gobble up the estate.
Isn't there something about you can only contest a will if you are a dependent of the deceased?
The best advice I can give you is to seek legal advice yourself. That way you will know for sure whether or not your brother would have a case if he does try it on. If it turns out that he wouldn't then it will put youe mindd at ease.
Good luck.
I am not an expert of law but my understanding is that the will is not legally binding but viewed as merely a request.
There is always a chance. Contesting a will in this case needs to prove that your father was not of sound mind when he wrote it. Your brother will most likely argue that his dementia was present at the time of the will's creation, in an attempt to have it nullified. He may be thinking that by contesting the will, he can force you into a compromise, out of court settlement. Remember, it will cost your father's estate considerable amount of money to defend the will.
the court will take everything into consideration, he is allowed to contest it if he wishes, I'm sorry you have to go through this it seems very unfair, perhaps you could reconcile yourself to your brother and explain why your father has done this. as to wether or not he will win no one can say.
So long as it's a genuine will, written down and witnessed, and it's his last will, your brother doesn't have a leg to stand on.
He can of course contest it but if as you say your father was of sound mind when he made it and nothing can be proved to the contrary then he doesn't have much chance of winning the case.
he has little chance of winning. as he has contributed little or nothing to the cost of your father's care, it is unlikely a court will see any reason to compensate him out of your fathers inheritance. for further advice, contact your citizens advice bureau, who should be listed in the phone book :)
and a will IS a legally binding contract if it is overseen by a solicitor.
He can contest the will.
your relative may not be telling the whole truth. Speak to yr brother.
As your dad was of a sound mind when the will was drawn up, and the solicitors can certainly confirm that, there is nothing your brother can do. Certainly he can contest it, that is his right as an individual, but he will get absolutely nowhere.
The answers post by the user, for information only, BAnswer.com does not guarantee the right.
Other Questions and Answers: