Making my first Will can I omit siblings?

[Cosima3]

Due to the lifelong abuse by my siblings towards me, which is now even worse since my father died, I want to make sure they receive absolutely nothing from my estate when I die.

I was the legal guardian of a child until he reached 18, he's now in his 20s and I want to leave everything to him. I've never married or had children of my own. Parents are deceased.

I have two sisters and one brother, all are well off with multiple properties and are taking everything of value from father's house. (They have the keys and won't let me have one, even before probate when I needed to go to collect things belonging to me that I'd left in the house!)

Conniving, lying, greedy and bullying *s......so I want to make sure that when I go they don't perform their vulture actions on my estate.

How can I make sure they can make no claim seeing as they'll claim 'blood relative'?

And be certain that the child I brought up (no blood tie.....just love and legal guardianship) gets it all.

Yes. You can leave it to anyone you wish, your local cats home if you want to.

see a solicitor and make sure. I think that you are allowed to leave your estate to whoever you choose. People can challenge a will of course but I think that there are rules and guidelines.

Are they older or younger than you? Is it likely you will outlive them anyway?

Or could you put any of your assets into some sort of trust in this young man's name? Or even, daft idea, I know adult adoption exists in the US but not in the UK but I seem to recall reading that certain things can be done re legal relationships. I think.

You need legal and financial advice from someone very well trained in this area.

The only 100% sure fire way to make sure they don't get anything is to give it all away and live for I think it's 7 years afterwards. Otherwise, you'll need a good solicitor to ensure that everything is watertight.

You can give it to anyone you like but it would be advisable to include a Letter Of Wishes to explain why you have done what you have done. This will make it less contestable. An obviously lopsided will is more contestable but a L.O.W will explain why you have done what you have done and it's a done deal then. Mention the L.O.W in your will too so the two are linked. I may be wrong about this but I think cases for wills to be contested are rarely upheld.

You can give it to anyone you like but it would be advisable to include a Letter Of Wishes to explain why you have done what you have done. This will make it less contestable. An obviously lopsided will is more contestable but a L.O.W will explain why you have done what you have done and it's a done deal then. Mention the L.O.W in your will too so the two are linked. I may be wrong about this but I think cases for wills to be contested are rarely upheld.

Thanks Vital, I'll look into the challenging a will stuff to see what grounds they could possibly have.

We are very close in age and all could live for another 40+ years)

I do intend to have the Will drawn up by a solicitor of course and will inform my 'son' of what I'm doing so he's not bulldozed by my siblings.

Also I will look into the trust fund you mentioned.

You have given some things to look into and to be getting on with and I'm very grateful.

Thanks

Cosima, I'm a willwriter and frequently write wills in the circumstances you describe.

Although there have been some recent cases in which it was held that people who had a "reasonable expectation" should receive something notwithstanding that they were not given anything in the will, there has to be a compelling reason for them to have that expectation.

As you are clearly estranged from your siblings I would write a clause expressly excluding your siblings from any gifts based on the fact of that estrangement and also make it clear that they are not in any way financially dependent upon you.

As you will be giving everything to this person you brought up, all you need to do is state that he receives all of your estate (once all debts, inheritance tax etc have been cleared). If you wish to delay his receiving the money until he's older you can stipulate an age, although if he's already in his twenties that is probably unnecessary so you won't need a trust. What you may want to think about, however, is what you'd wish to happen if he doesn't survive you; if you don't specify anything and he doesn't have children then the rules of intestacy would apply.

I therefore recommend that, after the gift of your residuary estate to this person, that you state that, in the event that he dies before you leaving children, the estate goes to them (if that's what you want, of course), but if he has no children then it goes to whomever you wish.

If you'd like any more info please feel free to PM me.

Leave it to him and if he dies before you with no kids, grand kids etc then say you want to leave it to a big charity.

Money in wills is big business for them so they employ solicitors to make sure they get Every Single Penny they are entitled to.