This is an interesting hypothetical query and one we have often come across :
1. Promise from Grandmother: Before she passed away two years ago, my grandmother told me she intended to leave her house and a couple of acres to me.
2. Aunt’s Occupancy: During the last two years of her life, my grandmother was in a nursing home. During this period, my aunt (one of my grandmother’s daughters, who shares my name) moved into the house. I was unaware of this arrangement as I spent my visits with my grandmother at the nursing home and didn’t realise how much time my aunt was spending at the house.
3. Reading of the Will: I was not present when the will was read. I was later informed that the will mentioned my name, but it was unclear whether it referred to me or my aunt. My aunt claims the bequest was meant for her, arguing that she has been living in and looking after the house for several years.
4. Nursing Home Expenses: My aunt also claims that she covered the nursing home bills out of her own pocket, which she states were higher than the value of the house. However, I believe my grandmother had set aside money for these expenses.
5. Ambiguity in the Will: The will does not specify the relationship to the beneficiary (i.e., whether it was meant for my grandmother’s daughter or grandchild). My parents and I are convinced that my grandmother intended to leave the house to me, but they are hesitant to cause a family dispute.
Do I have any grounds to contest the will or if pursuing this matter legally would be futile.
Here are some steps you could consider:
1. Obtain a Copy of the Will: The first step is to obtain an official copy of the will to understand its exact contents and the date it was made.
2. Executor Details: Identify the executor of the will and request a copy from them. If this is not feasible, you would need to engage an independent solicitor to contact the solicitor handling you’re grandmother’s estate.
3. Review Will Instructions: Acquire the original instructions and notes taken by the solicitor when the will was made. These should include details about family members, beneficiaries’ addresses, and their relationship to your grandmother. This information could clarify the intended beneficiary.
4. Independent Evidence: Consider gathering evidence from other family members who might support your claim.
5. Potential Legal Action: If ambiguity persists, you may need to seek a court’s direction on interpreting the will. External evidence, including testimony from the solicitor who drafted the will, could be critical in such a case.
6. Professional Negligence: If no clear instructions were taken, there might be grounds for a professional negligence claim against the solicitor who drafted the will. However, this would require substantial evidence and careful consideration.
If any of the above resonates with you please do not hesitate to contact a member of our team.
