So surprised to be written out of my fathers will

moneyistooshorttomention

The "giving unequally to have equal effect" argument isnt one that holds water imo.

We've already had an incidence quoted where a wealthy sibling with own firm lost the money and thus their perceived advantage.

I can think of where one sibling is noticeably brighter/more capable than the other one - but the brighter sibling is single and the dimmer one didnt just marry, but "married into money-minded family" (even though they're a man).

So circumstances are so variable and can change (either upwards or downwards).

I can think of an instance of former friend that is leaving her stuff unequally between her two children. The reason she stated to me for that was "Oh well - the one being left less is due for an inheritance from someone else" and her Golden Child (who, funnily enough, I suspect is her favourite child) isnt going to be left money by that other person. There is an obvious rejoinder to that one - ie her "least favourite child" might find that something goes wrong re that other inheritance she is expecting him to have and he dips out and he is the capable one (whilst her favourite child is very prone to messing up her life and would doubtless blow anything she ever got and will probably land up owing people money no matter how much she ever gets).

Spendless

moneyistooshorttomention wrote: »

The "giving unequally to have equal effect" argument isnt one that holds water imo.

We've already had an incidence quoted where a wealthy sibling with own firm lost the money and thus their perceived advantage.

I can think of where one sibling is noticeably brighter/more capable than the other one - but the brighter sibling is single and the dimmer one didnt just marry, but "married into money-minded family" (even though they're a man).

So circumstances are so variable and can change (either upwards or downwards).

I can think of an instance of former friend that is leaving her stuff unequally between her two children. The reason she stated to me for that was "Oh well - the one being left less is due for an inheritance from someone else" and her Golden Child (who, funnily enough, I suspect is her favourite child) isnt going to be left money by that other person. There is an obvious rejoinder to that one - ie her "least favourite child" might find that something goes wrong re that other inheritance she is expecting him to have and he dips out and he is the capable one (whilst her favourite child is very prone to messing up her life and would doubtless blow anything she ever got and will probably land up owing people money no matter how much she ever gets).

That's the issue with writing a will years before you die. It shows the importance of regularly reviewing and renewing it.

lessonlearned

Spendless wrote: »

That's the issue with writing a will years before you die. It shows the importance of regularly reviewing and renewing it.

This.....

My fathers will was not reviewed when his circumstances changed and it caused enormous problems. It was fair and equitable at the time of writing but not when he died several decades later.

Mojisola

My parents left their money unevenly between their children.

They wouldn't have had much to leave at all if one child hadn't helped them at a difficult time - they couldn't pay back during their life so it made sense to leave a bigger proportion of their estate to that child.

On the solicitor's advice, they wrote a letter which was kept with the will, explaining the reasoning behind the unequal distribution in case any of us got upset about it - we all knew about the will and agreed it was fair but people can change when money matters arise!

A will becomes a public document but an explanatory letter doesn't so it keeps family matters private while giving an explanation to those affected by the decision.

pphillips

mrcjevans wrote: »

Can this be challenged?

Hi,

Hope you are well. I just wanted to touch base on whether I have means to challenge my fathers will(produced in 2014) who sadly passed away 22/11/2017, it's a strange situation and neither me nor my sisters can believe what's happened but basically he has left me a monetary value of 10,000 however left his entire residential estate to the three girls and left me out(he had 4 children total) - The house is up for sale at 435,000 and I don't think I should feel guilty wanting an equal share, especially when it is life changing money and I really don't believe that if re written, it would look like this.

It's a strange place because my whole life he never really bothered with me and I only met him by chance when I was in my late teens and ever since then I had seen him often but he never came to see me it was always one way effort wise.

I would be so very shocked if the girls don't turn around and share it equally but do I have any options if they don't? As they are already doing things I did not expect. The funeral was recent and only then did I find out they already put the house up for sale without asking me, his only son and the only one to have taken his name

Thanks

Chris

Whether you can challenge the will depends on your own personal circumstances (see the Inheritance (Provision for Family and Dependants) Act 1975). This says that you can claim a reasonable (in all the circumstances) amount of financial provision required for your maintenance. The question this boils down to is - what is reasonably the extent of your financial need and has your father met that need?

Jenniefour

pphillips wrote: »

Whether you can challenge the will depends on your own personal circumstances (see the Inheritance (Provision for Family and Dependants) Act 1975). This says that you can claim a reasonable (in all the circumstances) amount of financial provision required for your maintenance. The question this boils down to is - what is reasonably the extent of your financial need and has your father met that need?

Just to clarify. This particular Act applies only to those who were financially dependent on the deceased. It does not apply in this case.

mrcjevans

barbiedoll wrote: »

OP, out of interest, did your dad know your wife? Did he dislike her or have any reason not to trust her? Maybe he didn’t want her to benefit from his money?

I got with my now wife a few months after the will was written, he loved her. She would massage him every time we went to see him in his home lol.

no1catman

I was surprised (and that's putting it mildly) to have my unborn (unconceived) child written out of my Father's will - in the unlikely event that I passed before he did.

KxMx

Did you ever see/hear Dad express differing views about gender?

While my Granddad loved all his grand children, it was birth of grandson he celebrated by buying an asset as investment, which he later sold and money given to grandson.

Nothing done for the two girls born before grandson or girl after.

He was just old fashioned that way. It didn't mean he loved us girls any less.

Tabbytabitha

no1catman wrote: »

I was surprised (and that's putting it mildly) to have my unborn (unconceived) child written out of my Father's will - in the unlikely event that I passed before he did.

Could you clarify what you mean by that?