‘We’re shocked and bewildered’: My brother handed away and left his home, money and possessions to charity. Can his siblings contest his will? - Stock Region News



Sunday, April 2, 2023

‘We’re shocked and bewildered’: My brother handed away and left his home, money and possessions to charity. Can his siblings contest his will?

Expensive Quentin,

My brother only recently handed away in June. As a substitute of leaving his belongings to his siblings, he selected to donate to charity — that’s, his residence, furnishings and all of his remaining money. I don’t perceive why he would make such a choice. We’re shocked and bewildered. He has left a will outlining his needs for his property, however can this will probably be contested?

Stunned Sister

Expensive Sister,

If he needed you to inherit his property, all he must do is make no will in any respect.

Few individuals like such surprises, and nobody likes to be left with a query mark. You could or could not have had relationship along with your brother. Within the occasion that you simply had no purpose to imagine dangerous blood between your brother and his siblings, it’s at all times finest to imagine that different individuals’s selections don’t have anything to do with you. Don’t take it personally.

There are occasions when there are grounds for wills to be contested: a mum or dad who was being managed by a “new individual” of their life or an abusive little one, and/or somebody who was pressured to alter their will after they weren’t of sound thoughts. On this case, nonetheless, it looks like your brother knew precisely what he was doing, and needed to help his favourite charities. 

There’s one other problem of want vs. need and love vs. cash. You’d have favored to your brother to go away you cash, however he consider others had much less and wanted extra assist. You don’t say something in your letter about being in dire monetary straits. This was his strategy to give again. The truth that he didn’t depart you cash doesn’t imply he didn’t love you, however you possibly can love him extra by supporting his final needs.

You aren’t direct heirs (a mum or dad or little one); as siblings, you’re collateral descendants.

A will can typically be contested on one in all three grounds: lack of testamentary capability, undue affect from a member of the family, and improper execution. The latter is usually the simplest and most typical manner a will is contested and/or overturned: Say the need was improperly witnessed or not signed, or maybe a later will exists, or there was some proof of fraud.

Your brother didn’t point out the household within the will to particularly disinherit them. An individual could state they intend to disinherit their household, or alternatively, depart them a small quantity however state that they may forfeit even that small quantity within the occasion they contest the need. That was not the case right here. You and your siblings might argue that your absence was an omission. 

Nevertheless, you aren’t direct heirs (a mum or dad or little one); you’re collateral descendants. That, plus the truth that your brother’s will seems to be legitimate — as you don’t point out something untoward concerning the will itself — signifies to me that it’s best to settle for your brother’s needs. Feeling aggrieved that you simply didn’t inherit his property just isn’t sufficient to interrupt his will. 

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Learn extra:

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My brother pays my mom’s mortgage and co-owns her residence. How can I make sure that my different sibling and I every inherit 1/3 share?

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