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MMD: Should Mrs Robinson leave all her cash to Simon or Garfunkel?
Comments
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I think she should spend as much of her money as she can while she's alive mate!!!! Failing that split it 50/500
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The batty old mare should spend it or leave it to charity or split it equally.
The last thing you need at your mothers funeral is to be told you were cut out of the will.
This isnt a financial decision its about being fair to your family.
I have seen this happen and it destroys relationships0 -
leave it split equally among the grandchildren, and encourage the 'kids' to appreciate the fact that life is gonna surprise you!!0
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Unfortunately the only trouble free will is equality .
I had heard that if a sibling is treated unequally in his parents will he will automatically be awarded an equal share if the will is contested - perhaps someone can confirm this.
Has anybody else heard of this ?
My husband is in a similar predicament at the mo to the Simon and Garfunkal story ,if the above is true it would be a great help too him.Moneysaving? - I cant stop spending because of this site!0 -
I tried to contest a specific aspect of a Will on behalf of another and could provide evidence of the deceased sibling's intention and it's basis.......
Forget it! A Will is a Will is a Will.
I spent endless hours, two years of my life...... Without success. I was left with bitter recriminations as I truly believed my fight was to serve the needs of the deceased. The person who would have benefitted had well moved on before the battle was lost.....
Don't take it from me, check you household insurance, any health care policy and union membership..... You may be entitled to free legal advice from some of these if you cannot get it any other way.:rotfl: Older and growing0 -
springchicken wrote: »Has anybody else heard of this ?
My husband is in a similar predicament at the mo to the Simon and Garfunkal story ,if the above is true it would be a great help too him.
I can't comment on any other jursidiction but under English Law, a person is entitled to leasve their estate exactly as they wish. There is no assumption that childnre should be treated equally or receive anything at all.
Normally in order to contest a will and get a court to re-distribute the estate you would have to show (1) that the testator (person making the will) ought to have left you something/more but didn't ( this doesn't mean you feel it's unfair, but might be relevent if you had been financially dependent on them immediately before they died and they left you nothing, or if you could show that they had forgotten you existed becasue of dementia or similar.) OR
(2) That there was undue influence on the person at the tiem they made the will so that the will does not reflect their true wishes / intentions.
Adult children (unless significantly disabled or otherwise still dependent) have no automatic right to inherit and a court would start from the position that the person was competant and chose to leave things unequally.
if the will is invalid then the estate is shared out according to the intestacy rules in which case (assuming no husband/wife) childrne would each get an eqaul share. I suspect that this is what the original poster was thinking of0 -
This happened to my cousins: the will split my Aunt's estate equally, but then another will was found which she had written just a fortnight before her unexpected death, leaving everything to the younger of the two. To this day no-one knows why, and I think the one left without has been fantastic not to have turned against the other, who chose not to share equally purely because she felt that it would have been against her mother's wishes.
Even though it was nothing to do with the rest of us, we all felt hurt and confused (we're a fairly close lot).0
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