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Commence a Will Contest Claim: The brother has moral claim but no financial need

Two brothers share equally in their mother’s estate. Each will inherit two properties, they

have their own homes as well. One of the brothers feels badly done by because he has lived

with the family all of his life, and he said he was unable to work, lost any right to earn a

pension, did not earn a salary, and derived no financial benefit by living with his parents. He

wants more than 50%.

Comments by Wills & Estate Specialist – Terry Johansson

Under the Inheritance Act it is essential for any claimant who is contesting a Will to prove

financial need: in this case the brother inherits a very substantial amount from the estate, and

is unlikely to be successful in any claim for further provision. If the brother has contributed

directly to the maintenance and upkeep of any of the properties, he may be able to claim an

equity, which may give him some ownership of the house, and this would be taken into

account and paid to him if he was successful with the claim, before the division is made

under the Will.