Will - excluding a child

willquery

Nicki wrote: »

In which case, don't blend assets while living. Child can only claim against dad's estate not his wife's assets. Wife should write her will to leave husband a life interest in her money, remainder to her child. Job done!

Too late property owned equally between Husband and Wife.

Lunar_Eclipse

willquery wrote: »

Is this right or could the excluded child contest the will successfully?

The excluded child could contest the will with a good chance of being successful. This is for good reason, since the situation is viewed objectively. Personally, I don't think any rational parent of sane and healthy mind would act in this way.

Lunar_Eclipse

Mojisola wrote: »

In England and Wales, people can leave their money to whoever they want. There is no principle of "fairness".

I think there is. No legal background, but family member recently went through this process and estate was redistributed.

meritaten

Mojisola wrote: »

In England and Wales, people can leave their money to whoever they want. There is no principle of "fairness".

Not strictly true - if a child is financially DEPENDANT on the parent - then the will can be contested. even if they are adult.
If the parent has been paying thier living expenses in the past -then the will SHOULD provide for them. unless or until they can earn their OWN living.

I cannot resist adding - why on earth would a parent want to cut a child off without a penny? that sounds so Victorian!

Mojisola

Lunar_Eclipse wrote: »

I think there is. No legal background, but family member recently went through this process and estate was redistributed.

What were the exact grounds for changing the will? I find it hard to believe that "it's not fair" was enough to force a change.

princessdreamer

I think it is incredibly cruel and it is highly likely that the sibling will contact each other years down the line. How will they explain/justify the fathers actions, secrets never stay secret.

As I said I would contest any will excluding my children.

Nicki

willquery wrote: »

Too late property owned equally between Husband and Wife.

As joint tenants or tenants in common? If joint tenants, and your husband dies first you are sole owner of the asset and it doesn't form part of the estate. You can then leave it to your child in your will. However, if you die first, you are scuppered. You can however sever a joint tenancy at any point and specify which shares each of you own. This would mean if your husband died first, only his share of the jointly owned asset would be part of his estate. If you died first, you give him a life interest as explained before. If you divorce, courts will look at all of the assets and divide them up based on who has child and what is equitable, irrespective of what you have said when you severed.

It's a complex area though. Why are you not getting specialist legal advice rather than risking advice on an Internet forum. Some of what's been posted above, eg NAR's advice is just legally wrong!

justjohn

1964 Succession (Scotland) Act. due too this act i believe you have to leave a minimum amount off the removable assets.

Best bet is see a solicitor that has some experience in Scottish wills.

princessdreamer

Lunar_Eclipse wrote: »

I think there is. No legal background, but family member recently went through this process and estate was redistributed.

I would contest on the grounds that money came from my divorce out of my families money and therefor should be redistributed. Of course I could be wrong and every situation is different.

McKneff

It makes me very sad to read some of these posts, can you imagine how this child is going to feel when he/she finds out that they have been 'left out' and Im not particularly talking about the money aspect. Can you just imagine his 'my father has never been there for me, he doesnt care about me, etc. etc. Its no wonder in this day and age kids go off the rails and get into 'family gangs'

Like I say, sad to say the least.

Not enough thought of the other childs feelings are being taken into account by his 'father'