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    • Tabby026
    • By Tabby026 29th Sep 17, 9:32 AM
    • 63Posts
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    Tabby026
    Question on Contentious Probate
    • #1
    • 29th Sep 17, 9:32 AM
    Question on Contentious Probate 29th Sep 17 at 9:32 AM
    My husband passed away 3 years ago, leaving me everything in his will. I wish to leave everything to my adult daughter, who I have a close bond to and is physically disabled. I have an adult stepdaughter who I have decided to leave out of my will. I have done a new will and also a letter of wishes, giving my reasons why. I have not seen my stepdaughter in 3 years and had a strained/limited relationship with her when my husband was alive.

    Could my stepdaughter contest the will?

    In the eyes of the law if my daughter is better off has her own home and savings, whereas my stepdaughter is (as far as I know), in rented accommodation with no savings, could this go in my stepdaughters favour?

    Could the court decide to give everything to my stepdaughter and leave my biological daughter out completely?

    My estate is cutterntly worth £600,000

    My daughter is not money orientated. I just want to be able to provide for her when I am no longer here, as her physical disability means she will have additional needs in the future. Also my daughter does not have a biological father as he died when she was 2 years old.

    I want to make sure I am doing the right thing, as in the eyes of the law I don't want to make it difficult for my daughter from a legal point of view when I die.
Page 2
    • Tabby026
    • By Tabby026 6th Oct 17, 8:56 PM
    • 63 Posts
    • 3 Thanks
    Tabby026
    If she did contest, would my daughters assests (savings, household income etc) get taken into acccount by the court regarding how much estate he thinks my daughter would be entitled to verses my stepdaughter?.

    She never lived with my husband and I and had never been a resident at our address.
    • Tabby026
    • By Tabby026 6th Oct 17, 8:57 PM
    • 63 Posts
    • 3 Thanks
    Tabby026
    We got together when she was 3 years old
    • Nicki
    • By Nicki 6th Oct 17, 9:56 PM
    • 7,566 Posts
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    Nicki
    This earlier thread by the OP is interesting, because in this one she and her dead husband were in the same boat as poor stepdaughter will be in. Apparently then the very principle of disinheriting one family member was very upsetting to OP (when it was her who would lose out on the dosh!)

    And at the time the thread was created, four years ago, neither she nor her husband had any children so funny how two adult children have now materialised!

    http://forums.moneysavingexpert.com/showthread.php?t=4794354
    • Tabby026
    • By Tabby026 7th Oct 17, 7:58 AM
    • 63 Posts
    • 3 Thanks
    Tabby026
    I was getting advice for someone else four years ago, it was not for me and my husband, but a friend of ours. Never assume everything you read is about the person in question. Our situation is the one I am writing about now for what I would like factual information on so I can make an informed decision.
    • FreeBear
    • By FreeBear 7th Oct 17, 1:23 PM
    • 1,394 Posts
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    FreeBear
    I would like factual information on so I can make an informed decision.
    Originally posted by Tabby026
    I think the general consensus is that whilst the stepdaughter may have the right to make a claim, her chances of success is very limited. One factor that I don't think has been mentioned that would go against her - Under the rules of intestacy, she wouldn't get a penny, only your biological and adopted children would inherit.
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
    • Tabby026
    • By Tabby026 7th Oct 17, 2:27 PM
    • 63 Posts
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    Tabby026
    I thought the rules of intestacy only applied if you had not made a will, whereas I have.
    • Yorkshireman99
    • By Yorkshireman99 7th Oct 17, 2:39 PM
    • 3,371 Posts
    • 2,736 Thanks
    Yorkshireman99
    I thought the rules of intestacy only applied if you had not made a will, whereas I have.
    Originally posted by Tabby026
    The intestacy rules apply if the will is invalid or if a valid will does not dispose of everything. That is why a will should include a residuals clause.
    • SevenOfNine
    • By SevenOfNine 7th Oct 17, 3:35 PM
    • 1,177 Posts
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    SevenOfNine
    I thought the rules of intestacy only applied if you had not made a will, whereas I have.
    Originally posted by Tabby026
    Is that the mirror Will you & late husband made, leaving everything to each other & subsequently an even split between BOTH your daughters by whichever of you was the last to die? To be replaced now he's gone with one that cuts his out?

    "She was cold & distant when we got together", hmm, astute for a 3 year old. No doubt as an adult now she'll get over anything you choose to do to cut her out & quite probably won't even be surprised. Have you considered that your own daughter may not outlive you, so your plans may need to reach a little further?

    If nothing else, hopefully this thread will serve to ring LOUD ALARM BELLS for anyone in a second relationship & offspring they love from the previous one!
    Seen it all, done it all, can't remember most of it.
    • Ms Chocaholic
    • By Ms Chocaholic 7th Oct 17, 3:43 PM
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    Ms Chocaholic
    I was getting advice for someone else four years ago, it was not for me and my husband, but a friend of ours. Never assume everything you read is about the person in question. Our situation is the one I am writing about now for what I would like factual information on so I can make an informed decision.
    Originally posted by Tabby026

    Clearly you could empthasise with the situation your (alleged) friend was in but still you are seriously considering doing the same to your husband's flesh and blood.
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
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