Mirror of Justice - All about Law and More
*Home>>>Estates Law

Can you contest a will or slow down grant of probate if?


If the sole beneficiary is a heroin addict and has been put on two years rehabilitation program?
The family is worried that everything this bloke's mum worked for will end up blown away. Is there any way that the family can insist on the estate to be put in trust and to rewieved later when he is cleaned up?

The executor is a solicitor, is one of those that drew the will in first place, but he is executing the will as per wish. He is not emotionally involved. As for the remark, every time a will is mentioned you get the raised eyebrow, but, I didn't mean contest in a way that he doesn't get what the will says, but get it when he is able to make clear decisions. Right now whit his state of mind, having large sum thrown at him is not very wise thing to do. As a drug addict who never had a job we fear that in two years he will be pennyless.

Every will has an executor, that's the person or persons nominated by the deceased who excepted the responsibility of executing the will in a formal legal manner.

An executor can stay the power of execution, (freeze the assets of the will). They have no power to change the contents of the will.

It would be then up to the beneficiaries to challenge that decision in court. A judge has the power to force the wills execution or side with the executors decision and place whatever conditions he/she sees fit on it.

My sister has two children, but only one of them is in her will and she wants it to be water tight, hence the power of executor has been fully explored. Similar situation, just the would be deceased is planning ahead.

If you have reasonable cause (and it sounds like you do) then the family should be able to contest the Will. If that's not possible the Executor should be able to apply to have the money, property etc. held by the Solicitor until the sole beneficiary has cleaned up their act or until the end of the two years rehabilitation. Either way, the family involved should really get someone from the family to contact a Solicitor. Probate generally takes anything from six months to two years to complete and in a situation like this where there are good grounds for debate the Probate is likely to last a long time anyway.

Not in the US; you'd be better advised to pursue getting him a legal guardian/conservator than trying to contest or delay probate

in theory yes.

But best to seek legal advice pronto.

also ask about a power of attorney and a guardianship order

Mind Your business. Out of interest, are You in His family?

no

Tags
  Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law
Related information
  • Marilyn Monroe picture and copyright laws?

    It's a copy of an autographed picture (Marilyn was dead long before 1989). It's sold by her estate (the organization that owns her rights after her death) and represented by her agents. ...

  • 2 beneficiaries inherit a house? One wants to live in the house, one wants to sell the house...?

    At some point you end up in court paying atty's big fees to file a partition suit, in which a judge will give one or the other a chance to buy out; and if no agreement is reached, he'll o...

  • Can a life insurance policy be contested in court or is named benefactor entitle to it executor?

    Life insurance policies are NOT subject to probate and are genrally NOT paid to an estate but to a beneficiary. Whoever is names as the benficiary on her policy is the one that gets the money. If ...

  • What do you do if the attorney you hired now tells you he does work for the firm you are fighting?

    Lawyers are all about money. When you want to hurt someone, attack what they most value, so sue the guy and his firm. And then, contact the BAR in your state and go after his license. If you hand...

  • Moral dilemma - will writing?

    Cut them out, 99% of charities are corrupt anyway and are not fit to receive donations from anybody. It bothers me that you say, research establishment, that conjours up all kinds of images.

    ...
  • Disinheritance of a grandson do to mother's death.?

    This isn't my field, but I had several similar problems with my own family and in-laws. The first thing I recommrnd is getting a copy of the wills from the County Courthouse (you'll have...

  • What are (if any) the laws surrounding selling original artwork?

    I am an estate broker and an antique dealer. The only thing you need to make sure is that none of those paintings are supposed to go to legal heirs. If that is all clear, you should have no other ...

  • Given that technology, the internet, & globalization has flushed out some of the parasites of society, will?

    Maybe, but replaced with other parasites.. --Work at home scams --Money wire scams from Africa --Computer geniuses who hack into everything stealing money and identity

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster