Will - excluding a child

Mojisola

"The fair way" and what's legal are two different things.

princessdreamer

DUTR wrote: »

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:

TBH my ex will never have anything anyway but his will would make funny reading.

DUTR

CRANKY40 wrote: »

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.

And the solicitor would have advised you of how to word it , as mentioned you could have left £1 and state the reasons why you are not leaving anymore.

Nicki

DUTR wrote: »

And the solicitor would have advised you of how to word it , as mentioned you could have left £1 and state the reasons why you are not leaving anymore.

But if the child is financially dependent (or anyone else is financially dependent for that matter) they can challenge the will on the ground it does not make reasonable provision for them. A nominal sum in a will does not void their statutory rights to do so.

SailorSam

A simple will can be done by yourself without the need for a Solicitor but i think in this case paid for legal asvice would be well worth it, Don't forget places such as Age Concern or your local Hospice often have Solicitors who offer their services free with ........... Write a will, weeks, on condition you make a donation or leave a legacy to the charity.
But if it's my money i can do with it what i want, and if that means i think the cats home is more deserving than any family or friends, that's my choice.

DUTR

princessdreamer wrote: »

TBH my ex will never have anything anyway but his will would make funny reading.

I'm not worth much (it's not even worth me faking my own death) , I lost one of my Brothers 2years ago and seen the complications estranged children can bring

princessdreamer

DUTR wrote: »

I'm not worth much (it's not even worth me faking my own death) , I lost one of my Brothers 2years ago and seen the complications estranged children can bring

I'm sure to the people who love you you are worth everything

meritaten

but, here you have someone checking that her and her oh can leave his biological child out of the will, even though they are currently paying maintenance for that child. (thats the way I read the OP)
she even says she expects to get flamed - could that be because she knows what they are doing is morally wrong? but she hopes its legally right?

DUTR

Nicki wrote: »

But if the child is financially dependent (or anyone else is financially dependent for that matter) they can challenge the will on the ground it does not make reasonable provision for them. A nominal sum in a will does not void their statutory rights to do so.

perhaps you missed an earlier post, I already mentioned that the reasonable provision for a dependant child only needs to be = to CS payments, once the child is no longer a dependant eg 19 or above, then a £1 sum can be left.
So for example a child is 10yrs old and sadly the deceased passes away, if they were paying say £3k a year then they only need to put a provisio of £27k trust funded to be released on the child's 19th b/day, the dependant can dip into it with good reason eg, for child support and the trust funded figure is reduced, also it does not change with inflation. Besides all that, if the estranged parent gets married, then it makes it even more difficult to challenge , basically remember the 5th commandment :cool:

DUTR

princessdreamer wrote: »

I'm sure to the people who love you you are worth everything

yes very true, and those that choose to estrange are worth nothing once I go to meet my maker.