Can always contest, depends if worthwhile (weather will get anything/whats the cost)

I'm not an attorney, but as long as your mother is of sound mind and there is no evidence of 'undue influence' on your part AND she has a binding legal will, drawn up by an attorney, hopefully, there is little chance of your brother successfully contesting your mother's will. She can leave her money to anyone she wants. Here's some basic info for you which is pretty universal: Contesting a will or trust usually rests on one or two of the following factors: undue influence in executing the will or trust, or that the person executing the will or trust lacked mental capacity to execute the will or trust at the time it was executed. What is undue influence in executing a will or trust? Here is the definition of undue influence: Undue Influence - Influence of another that destroys the freedom of a testator or donor and creates a ground for nullifying a will or invalidating a future gift. The exercise of undue influence is suggested by excessive insistence, superiority of will or mind, the relationship of the parties or pressure on the donor or testator by any other means to do what he is unable, practically, to refuse. So, if you can prove that the person who executed the will or trust was acting with undue influence, that is, was acting under pressure that was unable to refuse, you may have a basis to claim undue influence. This would give you one reason to contest a will or trust. The other method to contest a will or trust is that there was a lack of testamentary capacity. Testamentary capacity is the legal ability to make a will. In California, for example, Probate Code Section 812 says, in part, that a person lacks the capacity to make a decision unless the person has the ability to commnicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following: (a) The rights, duties, and responsibilities created by, or affected by the decision. (b) The probable consequences for the decision maker and, where appropriate, the persons affected by the decision. (c) The significant risks, benefits, and reasonable alternatives involved in the decision. So, here, to contest a will or trust due to lack or testamentary capacity, you would have to show all three elements. http://ezinearticles.com/?Contesting-a-Will-or-a-Trust.-Can-it-Be-Done?&id=15970

Don't worry...they won't do anything. Keep it as quiet as possible when it happens.

They can do nothing if your mother was of sound mind when she made the will. But is the sadness it will cause your brother and his wife worth it?

No, unfortunately, they will not. This is one area which greatly fails in the States and the UK. We talk of equality. It is more likely the survival of the fittest and even the most manipulative. I just hope that one day the law changes and we see equal rights for siblings in inheritance laws even if it is on a case to case basis and particularly in the case of children from divorced families.

You sound like my older psychopathic sibling who got everything. She destroyed everything that belonged to me, photos, letters, mementoes and ultimately a relationship with her. We were never close but she decided not to do the moral and ethical thing and to feed her own greed. I don't know your motive but my heart goes out to your brother. Your parents had 2 children, not 1, and regardless of what your mother wanted, you could do the right thing and include your sibling. What ever your brother did to you, is your revenge more important than your relationship. I've been there, I know how he will feel. It's been 10+ years now for me and I still wonder how full of hate someone has to be to feed their greed instead of their relationship. I wish I could explain how it feels, but there are no words. Your glee that "they are not getting a dime", is disturbing. Wouldn't that be the Christian thing to do?