Contesting a Will

Mother died intestate a number of years ago. Mother and Father were joint owners in everything. As my my brother and his wife lived close by they moved in to become Fathers carers as he took a very serious turn for the worse. They arranged for a solicitor to come to Fathers house to draw up a will shortly after moving in. The will makes my brother sole benefactor and executor. I was bequested a small sum. Father had previously verbally said that they were to be paid an agreed amount from the value of the house for looking after him before dividing it in two. There was no certificate of health secured prior to the will being made. Is there a time limit for contesting? How much will it cost? Who pays for the legal bills. What if I loose? What if they sell off or dispose of the sentimental things. Is it viable to contest such a small will. My brother wont negotiate at all. I know this is all very complicated but I could really do with any help possible.

"Is it viable to contest such a small will?"

I have seen estates of as little as €150k where the benficiaries have gone to court. Obviously, the legal costs are enormous relative to the value of a small estate.

There are two main grounds on which you might contest this will. One is that there was undue influence on your father. The other is that your father failed to make proper provision for you.

You really need to go to a solicitor and get detailed case-specific advice.

Do it now: delay might damage your case.

MOB's right, get advice from a probate practitioner.

There is a high chance that the legal costs will end up coming out of the estate either way, but you still take a certain risk that you might be liable for them if you lose.

You'd need to be confident you could demonstrate that he wasn't competent, was under undue influence or failed in his moral duty to provide for you.

Thank you MOB and Lawdable. I did go to a lawyer initially but the cost was well outside my budget if I lost as I would be paying it off for years to come. I am about 95%confident but its the 5% that scares me. My father wasnt always conscious around that time and was often very confused. I was told that even temporary lucidity would be enough to secure the will as valid and I would have to prove that he wasnt lucid at the time, which is impossible because I wasnt there when the solicitor was called. The solicitor must have had doubts as he approached my brother that day about the requirements from the will prior to speaking with my father as this slipped out in conversation.