Is it legal?

melbell

I had a friend die a few months back. They have had a will reading where we had to go to the solicitors and the solicitor read it out, Our friends "best friend" (For ease of typing We will call her Sarah) was told that she would get nothing if she was with her current boyfriend. Who our friend did not like one bit.

We was just wondering is that legal?

lemontart

If you are saying that a person has been left something but will only actually inherit it if they are not with their current boyfriend then yes it is legal after all the person who is leaving it can leave it to whom they chose and how they chose.

But wills can be contested of course. My aunt who died recently left her house to her youngest but stipulated his ex wife could claim nothing of it.

whitewing

Your friend, if she had a spare room, could potentially have a lodger who had a rent book, who paid her rent. I don't personally agree with going against the spirit of a will like that but then again, there's nothing like a bit of unconditional love!

melbell

I'm not sure that would work, The wording was along the lines of "If he is your friend, boyfriend, lodger, staying over then you will not receive a penny"

Its all down to many years ago Sarahs boyfriend accussed our friend of being a !!!!!file (Nothing come of it) after that he become a bit of a recluse (We used to have to drag him out)

Was just wondering if it is legal.

Mojisola

The clause is legal but there's nothing to stop the pair splitting up for a couple of months and then getting back together.

How is the solicitor going to ensure that the pair aren't a couple?

The allegation was a horrible one to make so I can understand that the deceased wouldn't want the man to benefit from his money but it's quite hard to control people's actions from the grave.

whitewing

Why is it still bothering your friend? Why can't she just choose her boyfriend over the money, having thought in detail over why her deceased friend may have disliked him so much?

paddedjohn

whitewing wrote: »

Why is it still bothering your friend? Why can't she just choose her boyfriend over the money, having thought in detail over why her deceased friend may have disliked him so much?

She can have it both ways, not as if the dead friend is going to find out is it.

Tuesday_Tenor

melbell wrote: »

I had a friend die a few months back. They have had a will reading where we had to go to the solicitors and the solicitor read it out, Our friends "best friend" (For ease of typing We will call her Sarah) was told that she would get nothing if she was with her current boyfriend. Who our friend did not like one bit.

We was just wondering is that legal?

Don't really see why you have any doubts.
The SOLICITOR gave you the details of the bequest. The SOLICITOR would have mentioned if their were any problems with legalities. The SOLICITOR has more legal knowledge than folks on this forum.

getmore4less

I had a feeling I had seen something that would potentialy say that this could be challenged

now I could not find the reference I was looking for but have found something similar.

http://www.howto.co.uk/family/making-a-will/points_on_which_you_should_take_special_care_when_drafting_your_will/

if you scroll down to gifts which are contrary to public policy

I would seek legal advice if this condition to break up with your GF/BF is valid

if they live together it could be family unit.
.

Mojisola

getmore4less wrote: »

I would seek legal advice if this condition to break up with your GF/BF is valid

if they live together it could be family unit.

Or they could abide by the terms of the will and not claim the inheritance.

Pee

I think this is definately worth taking legal advice on. The fact the solicitor read the Will makes me have doubts either about how the story was reported to you or the solicitor concerned. I think that is against public policy as another poster has suggested.