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  • FIRST POST
    • collectors
    • By collectors 10th Aug 18, 8:08 AM
    • 101Posts
    • 25Thanks
    collectors
    Making sure someone bis not in the will.
    • #1
    • 10th Aug 18, 8:08 AM
    Making sure someone bis not in the will. 10th Aug 18 at 8:08 AM
    Hi, i have certain members of the family that i don't want to inherite or contest my will.
    Is it right that if i leave these people a sum of money, it shows i have thought of them & not forgot to leave them somthing so they can't contest my will. ?? Or is there another suggestion.

    Thanks
Page 1
    • Flugelhorn
    • By Flugelhorn 10th Aug 18, 8:22 AM
    • 999 Posts
    • 1,203 Thanks
    Flugelhorn
    • #2
    • 10th Aug 18, 8:22 AM
    • #2
    • 10th Aug 18, 8:22 AM
    I think some people either leave a very small amount to show it wasn't a mistake or they write a letter to go with the will explaining why the individual wasn't in the will
    • Keep pedalling
    • By Keep pedalling 10th Aug 18, 8:30 AM
    • 5,542 Posts
    • 6,292 Thanks
    Keep pedalling
    • #3
    • 10th Aug 18, 8:30 AM
    • #3
    • 10th Aug 18, 8:30 AM
    No it is not nessasary to do that. Unless you are talking about dependant children, there is very little risk your will can be successfully challenged, but you really should discus the specifics of your situation with the solicitor you have chosen to draw you will rather than strangers on the internet.
    Last edited by Keep pedalling; 10-08-2018 at 8:50 AM.
    • Margot123
    • By Margot123 10th Aug 18, 8:48 AM
    • 1,089 Posts
    • 1,122 Thanks
    Margot123
    • #4
    • 10th Aug 18, 8:48 AM
    • #4
    • 10th Aug 18, 8:48 AM
    If you are deliberately leaving someone out of your will, then it is advisable (but not mandatory) to add a letter of intentions.

    A solicitor will let you know how to word the letter.

    A relative did this as the they left out one of their children. The letter stated that the son had received several thousand pounds while the testator was still alive and it would not be fair to leave them an equal proportion.
    • Rubik
    • By Rubik 10th Aug 18, 8:57 AM
    • 208 Posts
    • 358 Thanks
    Rubik
    • #5
    • 10th Aug 18, 8:57 AM
    • #5
    • 10th Aug 18, 8:57 AM
    If these family members are adult children, or close relatives such as siblings, you can set out your reasons in a Letter of Wishes, which should explain why you have divided your estate the way you have. While you have testamentary freedom, there is nothing to stop someone from attempting to redress the balance by seeking a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after you have gone, although if the family members aren't close relatives or weren't financially dependent on you, this is unlikely. To help discourage them from doing so, you could consider leaving a small non-pecuniary gift (such as an invaluable item) adding in a !!!8220;no-contest!!!8221; clause stating that the gift will be forfeited if the beneficiary challenges the Will. Although a no-contest clause isn't legally binding, it may cause the beneficiary to reconsider their actions before making a legal challenge.
    • collectors
    • By collectors 10th Aug 18, 9:13 AM
    • 101 Posts
    • 25 Thanks
    collectors
    • #6
    • 10th Aug 18, 9:13 AM
    • #6
    • 10th Aug 18, 9:13 AM
    Thanks for your input everyone
    • Gers
    • By Gers 10th Aug 18, 9:55 AM
    • 6,742 Posts
    • 44,121 Thanks
    Gers
    • #7
    • 10th Aug 18, 9:55 AM
    • #7
    • 10th Aug 18, 9:55 AM
    If these family members are adult children, or close relatives such as siblings, you can set out your reasons in a Letter of Wishes, which should explain why you have divided your estate the way you have. While you have testamentary freedom, there is nothing to stop someone from attempting to redress the balance by seeking a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after you have gone, although if the family members aren't close relatives or weren't financially dependent on you, this is unlikely. To help discourage them from doing so, you could consider leaving a small non-pecuniary gift (such as an invaluable item) adding in a !!!8220;no-contest!!!8221; clause stating that the gift will be forfeited if the beneficiary challenges the Will. Although a no-contest clause isn't legally binding, it may cause the beneficiary to reconsider their actions before making a legal challenge.
    Originally posted by Rubik
    Unless you are domiciled in Scotland - the laws on inheritance are different.
    • Marcon
    • By Marcon 10th Aug 18, 3:32 PM
    • 541 Posts
    • 404 Thanks
    Marcon
    • #8
    • 10th Aug 18, 3:32 PM
    • #8
    • 10th Aug 18, 3:32 PM
    Hi, i have certain members of the family that i don't want to inherite or contest my will.
    Is it right that if i leave these people a sum of money, it shows i have thought of them & not forgot to leave them somthing so they can't contest my will.
    Originally posted by collectors
    If you're in Scotland, then family members can insist on their 'legal rights'.

    In England and Wales, it is extremely hard to successfully contest a will (although there's nothing you can do to stop people trying if they are determined). Usually the only grounds for success are where you have been supporting someone financially and they could reasonably assume you would continue to do so after your death by leaving a legacy to them.

    As others have said, get proper advice from a solicitor and consider including a side letter with your will to explain your decisions if you are seriously concerned.
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