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Will Advice please

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Comments

  • thomasca
    thomasca Posts: 13 Forumite
    Just want to chime in that wills can easily be contested on various grounds these days. Have heard many stories about siblings being taken to court because they got all or more than the others. So definitely go see a lawyer about what is the best way to do it. Maybe leave everything in a trust that will gradually pay everything out to your eldest daughter.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Not to be confused by mirror will you can have "mutual wills" that act like a joint will.

    They have more issues than they solve for most people.
    Mirror wills can become mutual even if not expressed in the wills.

    a recent case
    https://www.step.org/news/daughters-establish-inheritance-proving-parents-wills-were-mutual
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 12 June 2019 at 9:09AM
    Socajam wrote: »
    If she does not want to leave something to her other children, that 's here right.
    People can do what they want with their belongings. There is no God given right that every child must get something.
    Maybe she is estranged from her other children and does not want to leave them anything.

    If I am estranged from someone and there are bad feelings involved, I would much prefer not to receive anything when the person dies.


    That's all true, but if there are other children who do not inherit, it can complicate matters. (eg how old are they, are they independent etc.)


    That's why the OP and her husband/partner need legal advice, including how to avoid any potential challenges. (eg I believe it's possible for the testator to attach a letter of intent - not sure what it's called - explaining why people who might be expected to be included in the will have been excluded).


    Also, if the OP lives in Scotland, I believe any children have certain legal rights regarding inheritance.


    EDIT: and if it is in Scotland, the OP's partner's two other children may need to be taken into account
  • FreeBear
    FreeBear Posts: 18,306 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    thomasca wrote: »
    Just want to chime in that wills can easily be contested on various grounds these days. Have heard many stories about siblings being taken to court because they got all or more than the others.


    In the UK, contesting a will is an expensive and protracted affair. One also needs good grounds (along with deep pockets) to achieve any degree of success. Do not rely upon the Ilott-Mitson case - All that confirms is that an adult child has the right to make a claim under the Inheritance Act, but they still need to prove their case.
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