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Sibling left out of will.

6 replies

stressedtiredbuthappy · 25/11/2018 07:50

Asking on behalf of a friend.
She's one of 4 but was nc with her family for a few years.
Without going in to detail her family(husband and children) are not liked or accepted by her awful, narcissistic mother.
Her dad who has dementia, has said a few times, make sure you get your share of the inheritance.
This sounds to me like she has been taken out of their will.
My friend however thinks a court will accept her dads wishes and she'll get a share.
That sounds ridiculous to me, if she has been cut out and her fathers wishes aren't on paper she'll get nothing?

OP posts:
Collaborate · 25/11/2018 08:17

I don't get it. She is either mentioned in a will or not. If the father says he wants her to benefit he should (if he retains capacity) make a will. Simply verbalising his wishes has no effect.

If she's not mentioned in a will she'd have to seek legal advice promptly on the death of either parent.

RedDwarves · 25/11/2018 08:22

Her father's verbal wishes will mean less than nothing if she is not mentioned in the will.

And if he has dementia, any will he makes now can be contested on mental competency grounds. I went through this with my own grandfather - a will he wrote two years before his death, while in a care home and suffering from some degree of dementia, was thrown out and an older will was reinstated.

Tinkobell · 25/11/2018 20:37

If he has dementia it could well be that he has granted legal POA to his wife and that she will decide on will beneficiaries. If it's not in writing then she'll get nothing.

Collaborate · 25/11/2018 21:22

I’m afraid Tinkobel hasn’t got a clue what someone with a POA has the power to do. They certainly cannot make a will on the donor’s behalf.

Why do people post any old shit on here? Why? I despair.

AdoraBell · 25/11/2018 21:27

What they said. My father spent 16 years telling everyone that 1 nephew would get his modest estate. But he didn’t update his will and so my sister, not mother of said nephew, got everything and refused to share with our nephew.

MemoryOfSleep · 25/11/2018 21:37

I've seen a will successfully contested in a similar situation.

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