contesting a will: youngest brother is to get the family home when his parents die.

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m2b2

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hi

I am new to this site so I hope this is in the right place

My question is that my partner found out the other day that his youngest brother is to get the family home when his parents die. My partner is very upset about this and thinks it is very unfair .
Anyway could he contest this will when the time comes ? any thoughts ?
 
Re: contesting a will

Why would he wait till his parents die? Surely he could have a word with them considering their still alive.
 
Re: contesting a will

Your partner has no absolute right to the family home. As suggested, talk to them whilst alive. Perhaps there was some form of misunderstanding some time in the past that needs to be revisited and clarified.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

Without the specific its impossible to say why this is.

Perhaps the youngest is still at home, financially dependent whereas all the other siblings are moved out and financially independent. Who knows. Maybe they are the most in need of it.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

I think it`s very sad that one cannot leave what one wants to whom one wants in a will without some begrudger contesting it.
After all that is the whole point of a will.
 
Re: contesting a will

Ravima said:
Your partner has no absolute right to the family home.
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Why do you say this ?
If this is the case then surley neither dose the other brother have the right to the family home ?


There has never been a problem in the past with his family
No the youngest one dose not need it more as my partner dose not own a home neither dose his older brother own a home

my partner has tryed to speak to his parents about this but they dont want to talk about they said there mind is made up
 
Re: contesting a will: youngest brother is to get the family home when his parents di

m2b2 said:
hi



My partner is very upset about this and thinks it is very unfair .
Anyway could he contest this will when the time comes ?
Click to expand...
you and your partner should just get on with your own lives and respect the wishes of his parents. nobody has a god given right to a legacy, go out and earn it for yourself, you'll feel a lot better about it and respect yourself much more than having it handed on a plate
 
Re: contesting a will

m2b2 said:
... If this is the case then surley neither dose the other brother have the right to the family home ? ...
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Quite simply the parents have the right to will their property as they please; they can leave it to both or neither as they see fit.
m2b2 said:
... Anyway could he contest this will when the time comes ? ...
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With enough money and time and a willing lawyer I'm sure that would be possible; potentially a massive waste of money, time and effort but possible.
 
Re: contesting a will: youngest brother is to get the family home when his parents di



I dont want to turn this into anything but please note I said my partner did not own his own house I did not say I did'nt have one. Plus I have always earned everything for myself and dont expect to get something handed to me on a plate. Also I have plenty of respect for myself .

As I have said b4 my partner is annoyed about this not me I dont need or want there house. I do think it is very unfair of them to pick between there children and more so for telling them its like well we love him more so he gets it

Mabey I did not explain things correctly

My partner dose not want the house for himself he just thinks that it should be left to all 3 of them
 
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Re: contesting a will: youngest brother is to get the family home when his parents di

There's a gang of us in the family and my parents have left the house to one of my siblings .... that's it.

And all of us have our own homes .... so one gets another .... such is life.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

m2b2 said:
My partner dose not want the house for himself he just thinks that it should be left to all 3 of them
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Your partner thinks that it should be left to the 3 of them.

His parents think they should leave it to one of their children. They have the right to do this. It is their property they have the right to leave it to whoever they want. Your partner does not have an automatic right to this property.

He would be very unwise to contest a will on the basis that he thinks the house should be left between the 3 children.

He will spend a lot of money contesting the will and then will lose the case.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

Yes his parents have a right to leave to whoever they want but personally I think its sad that the others are being left out and the norm would be to give something to each child, maybe they have something else in mind for your partner and brother. Hope it all works out well for you.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

I doubt it has anything to do with the house and more to do with the fact that your partner feels his parents have snubbed him. Their inability to explain why they chose his brother over him and his other brother is compounding the issue. No-one wants to be made feel inferior especially by the two people that are supposed to love you more than life itself.

This is the type of thing that tears families apart. His parents should at least explain their decision as I can't see him having much to do with them now or with his brother after they die the way things stand. Parents shouldn't play favourites. Even if they change the will now it won't make him feel better as the damage is already done. It will always be at the back of his mind. He either chooses to accept it and move on or he cuts them out of his life.

Thankfully my parents know the damage these things cause from other family situations so I know everything is being split 3 ways.
 
Re: contesting a will: youngest brother is to get the family home when his parents di



Thank you I was begining to think I was really mean for posting this thread
I am of the same thought my kids ( not my partners ex hubbys) will get the family home between them ( I have 2 ) I would never choose between my kids.

Thanks you for everones reply I think I know now that he should not contest it as this will only cause more hurt in the long run
thanks again

mods you can close this thread now if you need to as I have gotten what I need
 
Re: contesting a will: youngest brother is to get the family home when his parents di

If you look under Thread Tools (top right), as the thread starter you should be authorised to close it yourself.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

m2b2 the you i referred to in the above post was meant as a plural, not you personally
 
Re: contesting a will: youngest brother is to get the family home when his parents di

I come from a large famliy and something similar was suggested, that the youngest get our parents house. the reasoning was they still lived at home and didn't have a house of their own. We had a family chat about it and since none of us actually own our houses, I.E the banks do, and it would be unfair that one should live mortgage free while the others have to repay theirs. it was decided that things would be split evenly across the board.
to be honest there are so many of us, it probably won't be a whole pile. I suggested that my parents become liquid and go mad for a while and leave us nothing.

your partner should have a chat with his parents, it could just be a misunderstanding.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

It's not uncommon for parents to give everything to one of their children.

In Penal law times a couple of hundred years ago, catholics were obliged by law to divide what they owned equally among all their offspring.....but not the case anymore ! The penal law was there to weaken catholics, i.e. divide one acre equally among 10 children, and soon there would be no catholics with any power.

Your partner should talk to his parents and have a mature discussion about it. It should be pointed out that its unfair, that he is upset and insulted to be snubbed.
Forget about the legal option, parents can give their property to whomever they want, they can give it to the cats and dogs home if they want.
 
Re: contesting a will: youngest brother is to get the family home when his parents di

m2b2 said:
......mods, you can close this thread now if you need to as I have gotten what I need
Click to expand...

m2b2, you can close it yourself if you wish! Just make a last post explaining that you have got your answers and then close the thread using the first post.

In any case Ive closed the thread now.

aj
moderator
 
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