Daughter inherits from mum even though mum cut her out of her Will

heuchera · 28 July 2015 at 11:34AM

I'm not sure where to post this story. It could come under Wills, or Discussion Time, but I thought I would try here, as it's family related. Please feel free to move it if it's in the wrong place.

http://www.telegraph.co.uk/news/uknews/law-and-order/11766651/Your-will-can-be-ignored-say-judges.html

I was listening to this on the radio. It looks like the mum and daughter had a big falling out when the daughter was about 17, and she (the daughter) went off and married her husband who the mum didn't approve of. The women never reconciled their differences and the mum died, and cut the daughter out of her will completely, leaving it all to charities.

Now the daughter has legally challenged the Will and sucessfully claimed thousands of pounds.

This lead me to think, what would you have done in this situation, (either the mum or the daughter)?

I understand the daughter is hard up, but I'm inclined to think that if I disliked my relative that much that I didn't even speak to them for years, I wouldn't want to go chasing their money after they'd died, it would seem a bit hypocritical?

pinkshoes · 28 July 2015 at 11:44AM

I think it is shocking!

The mum made her wishes clear by cutting the daughter out of the will.

The daugher claimed that a lot of the money belonged to her father who died either just before or after she was born, but to be fair, the mum then inherited this and it was hers to do what she liked with.

The dead and their wishes should be respected.

heuchera · 28 July 2015 at 11:53AM

Perhaps the father should have put it in a trust fund for her or something like that. It does look like the daughter is playing her final trump card in this battle between the two women.

Whatever the case, and we can't know everything about a family feud just from a news story, I wonder if inheriting the money will give the daughter the peace of mind she is seeking. I doubt it.

getmore4less · 28 July 2015 at 12:00PM

The judgement will need looking at in detail to see which bit of the law they have used to do this.

heuchera · 28 July 2015 at 12:03PM

I don't know the legal side of it, but they say it is a landmark case and that people who wish to bequeath money to a charity or organisation instead of to their relative(s) will now have to demonstrate that they are affiliated with that charity. They will also have to explain why they don't want to leave money to their offspring, if I understand it correctly.

Brighton_belle · 28 July 2015 at 12:47PM

pinkshoes wrote: »

The daugher claimed that a lot of the money belonged to her father who died either just before or after she was born, but to be fair, the mum then inherited this and it was hers to do what she liked with.

The dead and their wishes should be respected.

Not if the dead are spiteful and abusive who left behind a trail of emotional devastation. We don't know if that is the case here, but just being dead doesn't suddenly make someone moral, or decent. If Hitler had left all his money to further genocide - we wouldn't be saying ooh, the dead and their wishes should be respected.

And what about the dead fathers possible wishes for his daughter to be cared for?
The poor woman lost her father before she was born and may have been left with a deeply unpleasant screwed up mother for all we know. She may well deserve the security of her own home to make up for years of abuse.
We just can't know.

HappyMJ · 28 July 2015 at 12:56PM

I think in this case the money that the mother was trying to donate to charity was money from the father that was meant to be left to care for his unborn child and then for the care of that child in the event the worst happened. The mother didn't spend it all and the daughter had a right to it. It's a very complex case. I wouldn't think it would set much of a precedent.

If my mother were to die and left everything to charity in her will I doubt I would be entitled to claim anything from her estate.

If my father died everything would go to his current partner so I'd get nothing anyway and he's not exactly got much so I wouldn't be bothered.

If my sister died without a will I would get half and my mother and father half as she hasn't actually got married to her partner yet but I would make sure her partner was sorted. I'd just make sure I had enough to see my mother and make sure she's OK.

Reminds me I must make a will...one day I'll get around to it.

FreeBear · 28 July 2015 at 1:31PM

Be careful when researching the Ilot-v-Mitson case - The latest ruling is here: https://www.judiciary.gov.uk/wp-content/uploads/2015/07/ilott_final_24_0_7.pdf

All I can is Oh cr...ap.... The last ruling I had seen, Ms Ilott had been awarded £50,000 and had to pay legal costs of the other side.

I need to read the judgement and review the contents in relation to probate that I'm dealing with.

74jax · 28 July 2015 at 1:47PM

I posted on the wills/probate section about a year or so (maybe even two) ago.

My uncle died in Ireland and left everything to all the neices. He wasn't married and I have no idea why this happened.

The will was challenged by one of his sisters (also one of my dad's sisters) and she ended up getting the house, land etc.

The estate was in the region of 1million but went on for years and years and in the end the estate was less than half at the end.

From that day on I have no idea how you can be sure your will is carried out. I have a will (husband doesn't) and sometimes wonder why I have one.

red_devil · 28 July 2015 at 1:57PM

it says you have to explain in a bit more detail why you are doing what you are doing and what links you have to the charitys.

I must admit I don't agree with it really. Its the mothers money she should leave it to who she wanted to leave it too.

There is nothing that gets family fighting like money though. It divides everyone.

FreeBear · 28 July 2015 at 2:07PM

red_devil wrote: »

Its the mothers money she should leave it to who she wanted to leave it too.

Totally agree. Question that remains unanswered - How the ... did Ms Ilott find the money to take this claim all the way to high court and three appeals ?

As I understand it, legal aid is not available for Inheritance Act claims, so who funded it ?

Daughter inherits from mum even though mum cut her out of her Will

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