Will dispute

madbadrob

tara1964 wrote: »

Just read illot v mitson, that's worrying and so wrong! Whats the point in making a will if it can be overturned!!

Tara you need to read the inheritance act of 1975 to understand that case fully. The judge didnt overrule the whole will he just made the point that the lady in question should be able to choose who her partner is without fear that a parent would dis-inherit them. He also acted on the fact that the lady had tried on numerous times to reconcile with her mother and that the mother had in his opinion made this impossible whilst the lady was still with her husband. He ruled that she should get 50k of the 400k+ estate based on the fact that her statement of means was so all over the place. The thinking reading between the lines was that the mother could have provided for her daughter and grandchildren before a charity and to not do so was placing a burden on the state.

Has I said this ruling opened up a can of worms and the biggest one is the same question you have asked. I personally believe that all children should be included in the will even if it is just to the amount of £1 which would in my mind (with the very minimal amount of legal training) would wipe away claims such as these.

I also think the woman in this case would have lost if she had been the one who had caused the rift and if she hadnt tried to reconcile

Rob

madbadrob

Freda,

See this http://www.sheddenfamilylaw.co.uk/inheritance-act-fact-sheet.php