[harper_]

Basically, my sister in law is a sociopath. DH has 3 sisters, 2 of them are lovely and they and DH & MIL get on fabulously. But crazy SIL (I'll refer to her as Norma Bates) has virtually been ostracized from the family because of her behaviour. They send birthday cards and phone her once a year as a courtesy call. I've never actually met her, DH refuses to introduce me and she's never met our kids. Their Dad passed away a long time ago and a few years ago when their Grandparents (dads side)passed away, as Norma was the oldest and the favourite she was left their house plus over 200K. The will stipulated something like "apportion the money to your siblings as you see fit". Which meant they got nothing. She's done lots of things that justify why she has been ostracized, taking her Mum to court because she somehow thought she had been cheated out of some money from her Dads will - she was claiming for $5000. This dragged on for over a year and cost both of them way more in legal fees. In the end MIL settled. However all the while this was going on Norma was turning up out of the blue on MILs doorstep 'for coffee' or lunch pretending there was no court case going on! Needless to say MIL feels very uncomfortable around her and although maintains some semblance of contact, tries to avoid her if possible. MIL is quite well off, multiple properties etc but is very worried about what will happen when she passes away i.e she's convinced Norma will challenge the will, just for sh*ts and giggles, she doesn't need the money. So she's basically struck a deal with Norma, given her a house and written her out of the will, which Norma has agreed to. However the whole family is still convinced that she will challenge the will. I hear about wills being successfully challenged all the time. Which concerns me. It's not that we desperately want MILs money or anything, we just don't want her hard earned assets going somewhere she doesn't want it to go. Especially to a person that really is not a good person. So if anyone can provide any information/help/advice it would be greatly appreciated! Hope that makes sense

This post has been edited by harper_: 27/02/2013, 10:55 AM

[jupiter71]

I would be extremely wary in this situation if I was your MIL. I think she needs to seek legal advice.

[qak]

Your MIL needs to see a solicitor (a specialist in estate matters) and explain the situation, so that it can be allowed for in her Will, or possibly transfer her assets to another entity to protect her wishes.

If she has not already given the house away (wow) she might be able to protect that somehow.

[elizabethany]

She would be better off to leave the house in the will than to give it away before hand and have nothing in the will. It is a lot easier to be sucessful for "I was left out" than "I didn't get enough".

I agree with the PP's though, talk to a solicitor.

[Tikiboo16]

Wow... you could have written about my SIL... She's been trying to take us to court for years over some issues that she has mostly invented herself... She has cost her parents (both of whom are very old and on the pension) a bucketload of money due to matters that didn't involve her at all, and she turns up on her mother's doorstep expecting to be welcomed and love (well... before FIL put an AVO on her at least).

I too have worried about what she might do when the will comes into action... She is constantly threatening legal action for the most ridiculous things, I don't doubt for a second that she'll be contesting a will in which she has been mostly written out of. I don't want the in-laws money either, but I know DH is very sentimentally attached to the family home, and it would be soul destroying for him to see her get a chunk of it after all she's put the family through.

Maybe our SILs have the same mental issue OP?

Sorry.. I guess I'm no help. But I will be watching this thread with interest

[RatbagBob]

Please seek legal advice. Wills can and are overturned if one party feels they haven't been treated fairly, and takes it to court.

[mollybot]

Get legal advice. In WA we have discovered that if you put in a codicil that "I do not want this specific person to inherit anything" then that will be respected by the Courts.

HOWEVER.

This will not stop someone from contesting the Will. You can't stop someone from doing this.

You can get the Will written in such a way that it can't be undone. A good solicitor will inform their client that the Will cannot be successfully challenged. But a psycho client doesn't have to take that advice.

The only other little trick that we have come across is that if someone DOES decide to contest the Will despite this, you can have a preliminary Court hearing to apportion costs (check the exact wording of this in your State). When they discover that they will be up for, say $150k in your costs and theirs *when they lose*, they might well back off.

Good luck ! Its a total b*tch and I know just how you feel !

This post has been edited by mollybot: 27/02/2013, 11:15 AM

[zzgirl]

She has every right to challenge the will, and she will more than likely win a portion of the estate. You need to find out the laws in your state, but your MIL can 'attach' a document to her will explaining why she has allocated her estate in the way she has chosen. Contact a solicitor or your states 'Public Trustee' to get free advice.

You guys would have gotten more in the end probably if your MIL left the house to her in the will and you guys challenged the will!!!

[harper_]

Wow... you could have written about my SIL... She's been trying to take us to court for years over some issues that she has mostly invented herself... She has cost her parents (both of whom are very old and on the pension) a bucketload of money due to matters that didn't involve her at all, and she turns up on her mother's doorstep expecting to be welcomed and love (well... before FIL put an AVO on her at least).

I too have worried about what she might do when the will comes into action... She is constantly threatening legal action for the most ridiculous things, I don't doubt for a second that she'll be contesting a will in which she has been mostly written out of. I don't want the in-laws money either, but I know DH is very sentimentally attached to the family home, and it would be soul destroying for him to see her get a chunk of it after all she's put the family through.

Maybe our SILs have the same mental issue OP?

Sorry.. I guess I'm no help. But I will be watching this thread with interest

Wow yeah very similar. What perturbs me about SIL, is that MIL is approaching 70, is frail and suffers from anxiety issues, yet she still took her to court!

Also just to clear up - SIL already has the house from MIL. MIL has 3 other houses plus a substantial amount of money, a lot of tied up in shares, bonds and other investments. And as far as I know, MIL has had a will drawn up by a solicitor, which states more or less than SIL gets nothing. However this is still contestable isn't it? I remember a case last year where a wealthy woman left all her money to a cats home and her daughters successfully challenged the will. So even if a solicitor draws up a will, it's still not secure, or is it?

[zzgirl]

No will is secure. There are eligible people who may contest it and your SIL is one of them.

If she contest the will, given the large number of assets, I would suspect she would receive a portion. The court would take into account she has already received an asset though. Your mother in law needs to document and sign the reasons she transfered an asset to your SIL and this will assist the court in making a decision.