To suggest that if you have been disinherited

[Beedance]

You should consult a lawyer.

@Supersimkin2

In the UK and US you can do what your want with your money.

Disinheriting someone is cruel. Some people like being cruel especially when unlike most forms of cruelty this is legal.

not entirely true....look up "estoppel"

The other thread was the plot of a very poorly written novella. It reminded me of the writer in After Life.

My DB and I were are the ones who were favoured - my DM disinherited a section of the family who were expecting something on her death, and I feel horrible about it.

My DM was a loving, caring woman, but I believe she changed her will at a time when she (perceived that she) had been treated badly by that section of family, on top of a heinous thing one of them did 30 years earlier which was a big secret. So I believe it was a form of punishment, although in doing so she cut out someone who was very loyal to her which amazed me.

She was of sound mind at the time, she mentioned it to me in passing but I had no idea what the original will said anyway so I didn't pay much attention. It was a shock to me when that section of family were so upset when they learned of it, I didn't know what to do or say really other than that I was genuinely sorry. I can't do anything, it was her will and I had nothing to do with it.

@SpiderinaWingMirror

The other thread was the plot of a very poorly written novella. It reminded me of the writer in After Life.

Reminded me of Zeebrugge troll

I think it depends on the circumstances.

I know someone who challenged a will knowing that basically the whole estate would be swallowed in legal fees. Her sibling openly bragged about bullying their parent into changing their will. They were a nasty piece of work and the challenger decided they’d rather lawyers got all the money than the sibling.

There are cases where someone, usually a daughter or niece gives up work to perform caring duties. They are told they will be looked after. Then for whatever reason the will does not give what was promised. That should be challenged in court.

With garden variety dickishness - just leave it.

In Australia there are several legal grounds for contesting a will. Generally if the person has a moral duty to provide and does not make adequate provision then a will can be contested. A parent could not just leave their money to a neighbour and fail to provide for a dependent child or a young adult in education for example. In these cases then a will should certainly be contested. Outside of this, I think that people can absolutely have a moral duty to will an inheritance if that has been promised and life choices have been made on the basis of that promise. Many family members give up or severely limit work to provide full time care to an elder on the basis that they will be adequately compensated in the will. The person has a moral duty to fulfill these promises.

Reminded me of the Zeebrugge troll too MissAmbrosia

@SpiderinaWingMirror

The other thread was the plot of a very poorly written novella. It reminded me of the writer in After Life.

Were there any more updates before it was taken down? On one hand I could see it happening but on the other, it was unbelievable!

I agree. Especially if the deceased has young children and deliberately avoids providing for them.

I'm a solicitor and I speclialise in challenging wills and making claims for reasonable financial from estates.

There are many cases where, with modern family set-ups, second marriages etc, a cohabitee or young children don't inherit. What if you've been living with someone in their house, not married, have young children, and they die without a will? You get nothing.

What if an elderly relative, who is reliant on neighbours for help, is coerced into changing their will?

What if you gave up a job, and moved in with a parent/grandparent to care for them on the understanding that you would inherit their house but the will doesn't say this?

For as many people that say they/their partner won't take any action, there are those that need help.

It's always worth having an initial chat with a solicitor.

Whilst I completely agree that as Slippy78 and others say nobody should expect an inheritance and elderly parents (or anyone else) should spend freely to make their own lives and old age especially comfortable and enjoyable, or indeed donate/ leave a legacy freely to well established, transparently accountable reputable charities ... I think anyone leaving any kind of will, estate or legacy should be aware that if they don't treat their children the same (or all their grandchildren the same as one another, or even treat nephews and nieces the same as other nephews and nieces or whatever, though less significant than own direct descendants) there is an incredibly high chance of destroying relationships between the people they leave behind.

If you leave your house to your son and nothing to your daughter, or leave one set of grandchildren 10k each and the other set a piece of jewelry without value each then no matter how ungrabby those people are they'll feel that you didn't love them equally.

Inheritance destroys relationships between family left behind where it's ostensibly very unfair, because it usually looks like a continuation of life long favouritism and rejection.

Sometimes manipulation and coercion is done by aslow drip over a year or a decade and could never really be proved.

Unless you're a dependant or have evidence of illegality there's probably no point contesting a will in England or Wales no - but people leaving "unfair" wills should be reconciled to the fact that doing so might very well permanently destroy any relationship between the descendants they leave behind.

@LemonViolets

I’m genuinely interested to know why?

Inheritance isn’t guaranteed and there is no legal entitlement to inheritance.
A person can legally leave their entire estate to whomever they please.

Not in Scotland...........

People should be very careful of offering / taking legal advice from well-meaning strangers on the internet

My parents were cunts, and told me my brother was to get everything. Presumably because he has a penis.

I later discovered that my father thought he was not my biological father. He is, but my mum must also have had her doubts.

Not much point unless it’s a French will.

Inheritance nastiness is foul, though. I have no idea why anyone would want upset as their legacy.

Unless you're a dependant or have evidence of illegality there's probably no point contesting a will in England or Wales no - but people leaving "unfair" wills should be reconciled to the fact that doing so might very well permanently destroy any relationship between the descendants they leave behind.

This exactly. A will is basically someone's last communication with their relatives. Doing anything other than being very obviously fair is a big "Fxxx You" to the person who is being treated "unfairly". Some people will want to do that of course, they enjoy the power of being able to cause distress even after they die, but it's not very nice.

@girlmom21

If you don't want someone contesting a will give them a smaller inheritance. If you've got £100,000 to split between two give them £10,000 and leave the rest to the other person.

Most judges won't overrule a will if everyone is left something, even if it's not their 'fair' share.

That's advice we've been given by a solicitor.

@girlmom21 Yes, I've heard that before

I think the logic is that it makes it clear that the testator had all three children A, B & C in mind when the will was prepared. Makes it harder for B & C to argue that the testator must have had dementia and forgot about them

@DetailMouse

As I understand it in England there are only grounds for challenge if you were financially dependent.

In other countries (France, Scotland?) you can't disinherited your children.

Out of interest, does anyone know what children have to do to prove their claim? An unacknowledged child, for example

I would assume DNA test would be required to establish parentage

@MissAmbrosia @JellybeansJelly
It reminded me of Zeebruge too. But not as skilful!

@Supersimkin2

In the UK and US you can do what your want with your money.

Disinheriting someone is cruel. Some people like being cruel especially when unlike most forms of cruelty this is legal.

Do you know that there is more to the UK than just England?

Have you heard of Scotland? You cannot disininherit your children in Scotland. So no, you cannot do whatever you want everywhere in the UK.

The only reason I would be in my mother's will is because she would worry how others would perceive her if she left me out. I wouldn't be surprised nor would I care if she left me nothing. She has already told me she wishes I had never been born. I wouldn't give her the satisfaction of wasting my time and money to contest her will.

Is this inspired by a recently deleted thread

@Nicholethejewellery

Unless you're a dependant or have evidence of illegality there's probably no point contesting a will in England or Wales no - but people leaving "unfair" wills should be reconciled to the fact that doing so might very well permanently destroy any relationship between the descendants they leave behind.

This exactly. A will is basically someone's last communication with their relatives. Doing anything other than being very obviously fair is a big "Fxxx You" to the person who is being treated "unfairly". Some people will want to do that of course, they enjoy the power of being able to cause distress even after they die, but it's not very nice.

That is exactly it - the spite and meanness that a person can deliberately use to try to cause irreparable splits between those left behind. In DH case, it hasn't worked, but both DH and I believe that was the intention.