Disowned from family

tazwhoever

My parents own their home and have children (adults). They have written a will. My parents have disowned me, partner and my small children (family issue).

I hope my parents live long and healthy, but they are aged.

When both die, do I have a share under English law or do I have to accept their will?

Thanks

KatrinaWaves

tazwhoever wrote: »

My parents own their home and have children (adults). They have written a will. My parents have disowned me, partner and my small children (family issue).

I hope my parents live long and healthy, but they are aged.

When both die, do I have a share under English law or do I have to accept their will?

Thanks

You have to accept their will. I believe it is only Scotland where children can demand an inheritance.

Sea_Shell

Are you financially dependent on them?

KatrinaWaves

Sea_Shell wrote: »

Are you financially dependent on them?

Surely unlikely if they are disowned??

Sea_Shell

Sorry I read that as disinherited rather than disowned. Maybe the OP can clarify.

The writing of the will seems to have brought issues to a head.

Malthusian

KatrinaWaves wrote: »

You have to accept their will. I believe it is only Scotland where children can demand an inheritance.

In England there is the Inheritance (Provision for Family and Dependents) Act but it is true that children don't get an automatic share as they do in Scotland.

There are jurisdictions other than Scotland where children have a right to inheritance (e.g. France).

Under English law, as a child you would have to prove that you had a reasonable expectation that you would receive some provision for maintenance under your parents' Will.

KatrinaWaves wrote: »

Surely unlikely if they are disowned??

Doesn't in itself mean the OP wouldn't have a claim. In the widely-reported Ilott case, the daughter was long estranged from her mother and wasn't receiving any maintenance in her mother's lifetime. She still got a payout.

KatrinaWaves

Malthusian wrote: »

Doesn't in itself mean the OP wouldn't have a claim. In the widely-reported Ilott case, the daughter was long estranged from her mother and wasn't receiving any maintenance in her mother's lifetime. She still got a payout.

So how DO you make sure that someone does not get a share of your money after you pass, as the OP implies their parents have attempted to do?

Looking at the Ilot case she gave her money to charity rather than her only daughter. The OP implies the money will still be going to other adult children so no 'human need vs no human need' argument.

Fire_Fox

tazwhoever wrote: »

My parents own their home and have children (adults). They have written a will. My parents have disowned me, partner and my small children (family issue).

I hope my parents live long and healthy, but they are aged.

When both die, do I have a share under English law or do I have to accept their will?

Thanks

Why wouldn't you respect their wishes with good grace, rather than grudgingly accept their will? How can you have a share of something that is not, and never was, yours?

Marvel1

Malthusian wrote: »

In England there is the Inheritance (Provision for Family and Dependents) Act but it is true that children don't get an automatic share as they do in Scotland.

There are jurisdictions other than Scotland where children have a right to inheritance (e.g. France).

Under English law, as a child you would have to prove that you had a reasonable expectation that you would receive some provision for maintenance under your parents' Will.



Doesn't in itself mean the OP wouldn't have a claim. In the widely-reported Ilott case, the daughter was long estranged from her mother and wasn't receiving any maintenance in her mother's lifetime. She still got a payout.

Makes you think why bother spending money on a will.

Malthusian

KatrinaWaves wrote: »

So how DO you make sure that someone does not get a share of your money after you pass, as the OP implies their parents have attempted to do?

You don't. You're dead. If you want to make sure something happens then Step 1 is to not be dead.

That said, if the OP is financially independent and wouldn't have any reasonable expectation of maintenance from their parents' estate, their parents may have done all they needed to.

If the OP would have a good claim under the I(PFD) Act then the parents need to consider giving the money to or spending it on someone or something else while they're still alive. Spending or giving your own money during your lifetime is not open to challenge whatsoever.

Or maybe moving themselves and all their assets to another jurisdiction whose laws provide no automatic right of inheritance and no option to challenge Wills. (I have no idea if any exist.)

Marvel1 wrote: »

Makes you think why bother spending money on a will.

Because there's a better chance that your estate will be distributed as you wish than if you let the Government distribute it as they see fit, via whatever intestacy laws apply on your death.

Kit1

Although l don't know your circumstances I think my main question is why they have disowned you and how can l resolve this and maybe then think about the will. If you have nothing to do with them why do you assume they owe you?