A son was concerned because he has found that under his father’s Will, the father has left his

assets to his uncle, the father’s brother. This means that the uncle has effectively ended up

with the inheritance the son thought he should take.

The son has financial need, and the uncle who is well off and quite old, has no financial need

whatsoever.

The son had a good relationship with his father and it would seem that he would be entitled to

contest the Will and make a claim for further provision from the estate, due to the

relationship and his financial need.

However upon looking at the titles to the father’s properties, it was found that they had been

transferred to the uncle some years ago, with the father having the right to live in what was

seen as the family home until his death. The son thought that this property was his father’s

house but it turns out to be his uncle’s house all the time.

The son concedes that there appears to be nothing legally wrong with the transfer of the

assets to the uncle many years ago. If those transfers and any gifts involved were valid, it

seems that then essentially the father has died with nothing. The son would need advice on

whether or not he should contest the Will as he may find that there are no estate assets at the

date of death.

00683.6/CQ/HAR/20165274/C/C/XXX/29/02/2016/CF/QL/?