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[edmondo93]

My maternal grandfather made this house in 1972. It was a single storied house till 2000. My uncle and my mother are his only two children. In 2000, my uncle built two more stories on top of the existing floor. My grandfather passed away in 2001 and upon his death my uncle showed us a WILL stating that nothing was left for my mother. However, there are few clauses and aspects of the WILL that I would like to discuss here.

1. As far as I know, any will has be probated first and all the legal heirs get a notice from the court and the clauses can be challenged by the concerned parties. We have not got any such notice and it means that the WILL is yet to probated.
2. The WILL states "I have spent on my daughters marriage and their is no need to give her more".
3. As per the WILL, the first floor and second floor was given to my uncle and the ground floor was given to my grandmother. However, it was also stated that my grandmother can enjoy statying on the ground floor till her lifetime but she could not sell it or give it to anyone else. And on her demise, the ground floor will go to my uncle. Now, is this is a valid clause?
4. After my grandfather's death, my grandmother invited us to stay on the ground floor, a decision strictly opposed by my uncle. However, due to her constant pursual we decided to move in.
5. We have been residing on the ground floor for the past 11 years now. My grandmother passed away last month.

So, in the current context does what right does my Mother have on the above mentioned property. Please Help.

[wethrby]

This has appeared on the UK site, and here clause 3 is legal, and happens quite a lot.
Obviously you need to take this Will to a Solicitor if you have any concerns.
UK

[raleah]

1. Yes all Wills made by the testator requires to be probated on his/her death by the civil court,followed by its execution thereby distribution of the estate/property mentioned in the Will amongst the beneficiaries named in the said Will.

2. This clause in the Will seems to be valid.

3. This clause also seems to be Valid.

Your mother can seek/claim her half share in the said property and let your uncle get the Will probated in the Civil Court, where you guys can challenge its Validity itself on the ground made by using unfair means and even deny it to be signed by the late maternal grandfather or was in his knowledge, all the onus to prove the Will to be valid, got made with free will & consent of the deceased grandfather, duly signed in presence of the valid witnesses etc shall be on your uncle.
The Will is already more than 10 years old (exact year not mentioned here) and to get it proved as valid Will in the court by your uncle will spend hell of time, money on litigation etc and he may come for out of court settlement with you wherein you get good amount of bounty in relief.

[taryn31]

Since the Will clearly debars your mother from getting any share,there is little you can do other than contesting the will,whether it was made in senses or under pressure..