Will - excluding a child

DUTR

willquery wrote: »

This won't be a popular post. Don't mean to upset or cause offence to anyone.

Husband and Wife have a child. Husband also has another child from a previous relationship. Child maintenance is paid for this child but other than that there is no form of relationship. Wife has never met this child and Husband has not seen the child for many years. Don't envisage things changing going forward.

Husband and Wife want to create a will to provide for their biological child (and any future children) but specifically want to exclude the child from the previous relationship. These are the wishes of both the Husband and the Wife and they have their reasons.

The will is being created as the fear is that the child they wish to exclude would potentially have some claim if the Husband died in probate - because of their age and the fact that the Husband pays child maintenance. The belief is that a written will would solve this issue as such. Is this right or could the excluded child contest the will successfully?

My child is excluded from my will, however whilst dependant age, then your hubby will have to make provison = to current CS payments, your solicitor will tell you how to word it, but basically the yearly amount up to the 19th birthday is included in a will, but trust funded, being estranged is a good enough reason to exclude or make a small contribution.

DUTR

princessdreamer wrote: »

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.

You cannot contest that sort of will though, any solicitor will tell you that.

meritaten

Mojisola wrote: »

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.

Because one of the grounds for contesting a will is that a person not named as a beneficiary was 'financially dependant' on the deceased.
Very useful when fathers maintained er 'more than one household'!
It also allowed for children from a former marraige who the father was still maintaining to benefit - even when a second or subsequent wife tried to claim the lot!

princessdreamer

DUTR wrote: »

You cannot contest that sort of will though, any solicitor will tell you that.

With enough time and money you can contest almost anything. There are always loopholes and exs solicitor is not very good.;)

Mojisola

meritaten wrote: »

Because one of the grounds for contesting a will is that a person not named as a beneficiary was 'financially dependant' on the deceased.
Very useful when fathers maintained er 'more than one household'!
It also allowed for children from a former marraige who the father was still maintaining to benefit - even when a second or subsequent wife tried to claim the lot!

That's what I've said in previous posts. If a child who is being maintained by the father is excluded from a will, the will can - even should - be challenged. If an adult child who is not being financially maintained is excluded from a will, the will can't be challenged on the basis of "it's not fair". I would be interested to hear the grounds that were used in the case Lunar Eclipse referred to.

moomoomama27

I think you should speak with the solicitor drawing up the will. I think its totally up to you what you do with your money, and if that's your decision then that's your decision. However there is a chance that by doing so the will could be contested. It would be better to leave a nominal small sum to avoid this happening, but that is, of course your choice!

Mojisola

willquery wrote: »

This sums it up 100%. Majority of money is from the Wife.

princessdreamer wrote: »

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.

In this case, the majority of the money appears to have come from the father's new wife who is no relation to the first child.

DUTR

princessdreamer wrote: »

With enough time and money you can contest almost anything. There are always loopholes and exs solicitor is not very good.;)

Trust me, you will not be able to contest the will, the dependant child would, but once over a dependant age, they can be excluded, I have just re-done my will last week (as it is Will Aid month) .
Let's not forget the episode where the lady near London left £10m to a Chinese restuarant, in favour of her own children who estranged her, they spent lots of money and lost the case.
Perhaps they should have remembered the 5th commandment :cool:

CRANKY40

I made my will last year as my husband had died in 2009. I wanted to leave my entire estate to my sister as I believe wholeheartedly she would act as I have asked her to. My solicitor said the will would be overturned as I have a child who could challenge that he was not provided for in the will. You would be best discussing your requirements with a good solicitor. My will including 3 re-writes and 2 meetings with the solicitor cos £96. Money well spent.

princessdreamer

Her husband and her child are, she is hurting her childs sibling not a mother I or wife I would want to be around. The fair way would be to leave an equal share of the fathers estate which by the way is half of everything they both have.