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Your first paragraph doesn't make any sense, but I'll take it that the latest will is invalid. A previous will is available, which is being used instead.
You can challenge this if you like. Obviously your claim would be that the new will should be followed. Talk to a contentious probate solicitor about your chances of success. I'm sure you're aware that such litigation can take years and cost £££££.
The residence nil rate band wasn't introduced until something like 9 years after your grandfather's death.
Yep, I couldn’t make sense of the first paragraph either. When were the letter and new Will giving OP everything signed? What about the will (another one?) giving uncle a £15k pecuniary legacy? Why would a letter need to be witnessed if it wasn’t a will? If one of the pages had become detached after execution, can’t they just do an affidavit of plight and condition?
Maybe OP could go after the firm who drafted the new will under White v Jones if they assumed responsibility towards OP.
RNRB availability will depend on what happened to grandad’s estate and doesn’t matter if he died before it was introduced.
>RNRB availability will depend on what happened to grandad’s estate and doesn’t matter if he died before it was introduced.
You're saying it can be applied retroactively?
The deemed residential enhancement for deaths before 2017/18(?) is £100k. It can taper away if the estate is over £2m, but otherwise it can be transferred in full as a percentage, like the normal TNRB. So if Mr and Mrs had mirror wills leaving everything to each other and then to children, and Mr died in 2014, when Mrs dies she can get NRB and RNRB in her estate, plus TNRB and TRNRB from Mr.
Can you? Yes.
Is it going to be expensive? Yes.
You need to think about how much this is going to cost you to fight it in court, and if that cost is worth giving up just to spite your uncle.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Your first paragraph doesn't make any sense, but I'll take it that the latest will is invalid. A previous will is available, which is being used instead. You can challenge this if you like. Obviously your claim would be that the new will should be followed. Talk to a contentious probate solicitor about your chances of success. I'm sure you're aware that such litigation can take years and cost £££££. The residence nil rate band wasn't introduced until something like 9 years after your grandfather's death.
Yep, I couldn’t make sense of the first paragraph either. When were the letter and new Will giving OP everything signed? What about the will (another one?) giving uncle a £15k pecuniary legacy? Why would a letter need to be witnessed if it wasn’t a will? If one of the pages had become detached after execution, can’t they just do an affidavit of plight and condition? Maybe OP could go after the firm who drafted the new will under White v Jones if they assumed responsibility towards OP. RNRB availability will depend on what happened to grandad’s estate and doesn’t matter if he died before it was introduced.
>RNRB availability will depend on what happened to grandad’s estate and doesn’t matter if he died before it was introduced. You're saying it can be applied retroactively?
The deemed residential enhancement for deaths before 2017/18(?) is £100k. It can taper away if the estate is over £2m, but otherwise it can be transferred in full as a percentage, like the normal TNRB. So if Mr and Mrs had mirror wills leaving everything to each other and then to children, and Mr died in 2014, when Mrs dies she can get NRB and RNRB in her estate, plus TNRB and TRNRB from Mr.
Contesting a will is not easy. Take advice from your solicitor.
Can you? Yes. Is it going to be expensive? Yes. You need to think about how much this is going to cost you to fight it in court, and if that cost is worth giving up just to spite your uncle.