Will - excluding a child

System

I am just finding this very sad reading.... sentimental as I am ( I admit) I find myself thinking that there are no "estranged children" , only estranged parents? It makes me glad ( this and the other 'will' thread) that I am not married and have no one to 'leave out' of my will.

DUTR

Purbeck wrote: »

I am just finding this very sad reading.... sentimental as I am ( I admit) I find myself thinking that there are no "estranged children" , only estranged parents? It makes me glad ( this and the other 'will' thread) that I am not married and have no one to 'leave out' of my will.

You may find it sad, but people do not work hard all their life just for somebody else to benefit, in a perfect world the child will be nurtured to be able to stand on their own feet and make their own success...which remnds me I must get into some debt to offset my equity

Nicki

Child could be 30 though and if you were still in the habit of financially bailing them out, they could still challenge the will. As could a girlfriend or mistress whose rent you paid, an elderly parent living in a granny flat, etc. The Act and case law cover all of these situations.

OP has given no details about the situation, and whilst it does sound unpalatable, it may not be as bad as it seems. What if the husband fathered the child in a one night stand, hasn't seen him since birth but has paid maintenance regularly, said child is now 16 and addicted to heroin and any money left to him would go on that. Would not leaving him a half share of his estate still be as morally reprehensible? What if the husband handed over a large capital sum to the mother when child was young to provide a house for that child and has paid maintenance on top ever since, and now wants to leave enough to ensure his other child also has a secure roof over his head?

As we don't know why OP has asked the question, and it isn't relevant to the answer, perhaps we could stop judging her and either answer or not answer depending on whether you know what you are talking about?

DUTR

meritaten wrote: »

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?

What is wrong with that? The OP need not be flamed, lots of people think it, the OP was prepared to write it, who knows what went on in their lie for them to feel the need to adopt the actions they seek advice on? The OP is entitled to ask and should not be made to feel guilty over the question, for all you know her Hubby could be being milked at the moment by an over zealous ex who happened to bear his child

McKneff

SailorSam wrote: »

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.

I agree with you in your post, but we aren't talking about a simple 'leave your money to the cats home' we are talking parents, step parents, bio children, natural children, leaving one child out of a will while others get a legacy so not so simple after all.

SailorSam

Purbeck wrote: »

It makes me glad ( this and the other 'will' thread) that I am not married and have no one to 'leave out' of my will.

You and me both.
I think it was George Best i heard say once he was going to spend all his money on wine and women, and just waste the rest, before he died.
I'm starting to think that may be a better idea than writing a will.

System

DUTR wrote: »

You may find it sad, but people do not work hard all their life just for somebody else to benefit, in a perfect world the child will be nurtured to be able to stand on their own feet and make their own success...which remnds me I must get into some debt to offset my equity

No it's not that I think one should "work hard...just for someone else to benefit" lol, no reason why one shouldn't spend it all and leave nothing or that children should 'expect' to inherit.

But, I, and this is just me, would be happy if I can leave something for my son ( other than his inherited traits lol) not because he won't have been able to make his own way in the world, (and probably much better than I have done lol) but because I would like him to have a little 'extra' to treat himself even if it's only the price of a cream cake :rotfl: ( edit to add , it may very well be only enough to buy a cream cake lol)

McKneff

DUTR wrote: »

You may find it sad, but people do not work hard all their life just for somebody else to benefit, in a perfect world the child will be nurtured to be able to stand on their own feet and make their own success...which remnds me I must get into some debt to offset my equity

What !!!, its not for some body else to benefit, the OP is financially connected to the husband, so its not ALL her money, and after all its not jus anybody, its her stepson/daughter, the natural child of her husband.

I have five grandchildrent, no 1 no blood relative, no 2, natural grandson, no. 3 no blood relative, 4 and 5, natural grndchildren.

I would never in a million years treat any one of them different to the other and would give a blumming ear bashing to any other member of my family who did.

Maybe Im motivated by a particular event in my life when I was 'left out' absolutely nothing to do with money, but it hurt me badly and I suppose this is why I am this way now, I remember all the hurt even 50 plus years later.

claretmatt

DUTR wrote: »

however whilst dependant age, then your hubby will have to make provison = to current CS payment

A life insurance policy in trust should work and age / health dependent could offer a cheap remedy whilst his son is dependent

DUTR

Purbeck wrote: »

No it's not that I think one should "work hard...just for someone else to benefit" lol, no reason why one shouldn't spend it all and leave nothing or that children should 'expect' to inherit.

But, I, and this is just me, would be happy if I can leave something for my son ( other than his inherited traits lol) not because he won't have been able to make his own way in the world, (and probably much better than I have done lol) but because I would like him to have a little 'extra' to treat himself even if it's only the price of a cream cake :rotfl: ( edit to add , it may very well be only enough to buy a cream cake lol)

Best to treat him whilst you are alive to see him enjoy the the treats.
And obvioulsy you and your son have a loving bond, what is sad, is that not everybody is having that sort of child/parent bond whilst they are living, you only have to look on the CSA board, to realise some people are forced to just be remembered when something needs to be placed on the table