change of will

[JimP]

My mother recently changed her will and wanted to leave 50k to my brother whom she has little to do with and after a couple of small bequests leave the rest to me approx 500k after IHT. Her solicitor advised her this was unwise as my brother could challenge the will. He told her the best she could do would be to split it 60 - 40 ... can anyone please tell me if this was correct advice.

[Lee Young]

Perhaps an over cautious solicitor!

If your brother is being financially maintained by your mother then he may be able to claim against her estate for reasonable provision. If he is not being financially maintained and is over 18 then there is little chance of a successful claim, though of course he can be a nuisance.

Your mother is free to leave her estate to whoever she wishes - best advice is for her to write the will she wants and then to leave a separate letter explaining why she has done it in this way. This will confirm to any court that she had capacity to make the Will and also that she considered those who may have claim against her estate, or those whom she may have a moral obligation towards. Such a letter should be sufficient to defeat any claim by your brother.

If her solicitor won't let her write the Will she wants to, go to another solicitor. It's her Will after all!

Lee Young
Solicitor (!)
lxy@m-b.co.uk

[maths]

Completely endorse Lee's excellent comments.

I think he was being a little too kind to the other solicitor; no doubt professional coutesy!!

It's frightening, assuming all the facts are on the table, that a solicitor can proffer this advice to clients.

[King_Maker]

And, depending on her age, perhaps a letter from her doctor confirming mental capacity.

Perhaps a change of solicitor is required too.