Will - excluding a child

DUTR

princessdreamer wrote: »

I don't understand how a child can estrange themselves from a parent, the RP could move them without telling the NRP or the NRP could simply dissapear. Any parent who wanted contact could if they tried hard enough even if it is just a letter or phone call once a week. DUTR if you don't mind me asking what happened.

Within reason offspring can easily locate their parents if that is what they wish, at this point there is no reason to beleive the resident , they should find out for themself and make their own choice, however one partner is with another does not transpire that the same pattern will follow with offspring.
Princess I have posted my episode in other threads,

princessdreamer

Ex has dissapeared off the radar completely, only have a care off address who claim to have no idea where he is and his solicitors who he never bothers going to. Oh well his loss. I better be quiet or the forum police will be along to have a go again.

molliejo

None of this stuff is straightforward. Children can get details of the nrp but who knows what they've been told by the PWC, they may not want to because of what they have been told.

My husband seems to get nowhere however hard he tries. His first son to an ex is 12 and he's never had contact as she's never allowed it. We've tried contact via facebook just asking for details of how he's doing and photo's etc. She just ignores him. It upsets him even though he's never had a relationship with him.

His second son, to a different ex is another story! He left when he was 3 and has had contact regularly. At first he probably had his son more than the PWC as he wasn't working and she couldn't be bothered. When she found herself another partner it went down to every other weekend. She was always planning things for his weekend and sometimes he went months without seeing him. He decided recently that he would see him one night a week, she wasn't happy but said ok. The first time he went to collect him on a week night she wasn't in!! When he caontacted her she just gave him loads of abuse. His son is 8 now and already has major issues that are due to the constant messing around. My husband doesn't know when he will see him again and he doesn't know what to do anymore.

It's sad that women behave in this way and I'm sure the majority of these women would be the first in the queue if they thought their kids had missed out on a windfall.

Both of my husbands exe's claim the CSA and he pays £50 per week so I'm sure they'd have no worries about contesting a will.

bargainbetty

At the risk of going back to the original question, OP, please ensure that proper legal advice is taken upon the will.

If the child is a minor and dependant on support, then a claim can be made, therefore provision should be included for that child up to it's 18th birthday or final day of full time secondary education. Beyond that, there is no legal requirement for anyone to leave anything to anyone if they do not wish to do so.

A nominal sum, with an explanation, is an established legal method of proving that the consideration was made by the deceased, thereby removing any 'I'm sure he/she meant to do something' claims upon the estate. Once the offspring is 'of age' i.e. 18 and out of education, they have no legal right to claim any form of support for anything from anyone.

Anyone can bring a challenge, but if the will demonstrates that the deceased had shown soundness of mind during the preparation, then it is highly unlikely a judge will overrule it.

I've checked with one of my barristers, and they've said the same - go to a solicitor now!

Mojisola

bargainbetty wrote: »

At the risk of going back to the original question, OP, please ensure that proper legal advice is taken upon the will.

If the child is a minor and dependant on support, then a claim can be made, therefore provision should be included for that child up to it's 18th birthday or final day of full time secondary education. Beyond that, there is no legal requirement for anyone to leave anything to anyone if they do not wish to do so.

A nominal sum, with an explanation, is an established legal method of proving that the consideration was made by the deceased, thereby removing any 'I'm sure he/she meant to do something' claims upon the estate. Once the offspring is 'of age' i.e. 18 and out of education, they have no legal right to claim any form of support for anything from anyone.

Anyone can bring a challenge, but if the will demonstrates that the deceased had shown soundness of mind during the preparation, then it is highly unlikely a judge will overrule it.

I've checked with one of my barristers, and they've said the same - go to a solicitor now!

This can take the form of a letter kept with the will, explaining the decision. My parents have done this as their will leaves their estate (if there's anything left!) unevenly between their children. There is a good reason for their decision and all of us know about it and understand it but, just in case anyone feels differently after their deaths, they have put it in writing.

In this case, as the father's second wife brought the bulk of the money into the relationship, it's quite reasonable that she would wish it to go to her children.

fluffnutter

Wow. Reading between the lines some woman's really bent out of shape about her husband's previous relationship. Shame it's the kid that suffers.

DUTR

fluffnutter wrote: »

Wow. Reading between the lines some woman's really bent out of shape about her husband's previous relationship. Shame it's the kid that suffers.

How does the kid suffer?

fluffnutter

DUTR wrote: »

How does the kid suffer?

By being written out of its father's will. I've taken on board that the majority of the assets seem to be from the current wife, but all of them? And will that always be the case?

DUTR

fluffnutter wrote: »

By being written out of its father's will. I've taken on board that the majority of the assets seem to be from the current wife, but all of them? And will that always be the case?

I still don't see how the kid suffers. Where is the law to say when on passes on then the deceased must have some kind of estate to pass on?
The man wants to leave his estate to his family and he is entitled to do that .

fluffnutter

DUTR wrote: »

I still don't see how the kid suffers. Where is the law to say when on passes on then the deceased must have some kind of estate to pass on?
The man wants to leave his estate to his family and he is entitled to do that .

Of course. But being overlooked in favour of your sibling is probably rather hurtful. It's up to the father who he chooses to leave his estate to; I sincerely hope that decision's been made with full appreciation of the potential hurt it can cause.

To deliberately favour one child over another suggests one of two things - 1) your relationship with one child has broken down or 2) you're being manipulated by the mother of the other. Neither prospect is particularly cheering.

I also felt the need to comment on part of your post... why is this first child not 'his family'?