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By ethel1420
27 August 2008 09:30
My husband & I changed our wills last year and because of a family rift we have omitted to add our youngest daughter into the new existing wills. We have just stated that our property and monies left is to be equally divided between our son & daughter and their names are stated. Could our youngest daughter contest this, as we are adament that she should not have a share of what we leave. We have not mentioned her name or the reasons she is not included.
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Can our daughter contest our wills?
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Floris says
You definitely need to mention your daughter by name in the will. My Mother did the same thing in her will, leaving out my youngest brother from her inheritance because he had chosen to ignore all contact from her for over 30 years, plus some other stuff. Her solicitor had her mention his name (that way he knew he wasn't just accidently omitted), the rason why and also stated some legal law number, can't remember what it was now. I do know though that he was unsuccessful in contesting the will because of that fact, and believe he tried. Suddenly he had a mum again because he thought he could get something,
09 June 2009 11:17
teacup says
Hello, here is another reply from a solicitor that I think is very comforting , I would certainly sympathize with the impulse to leave them out of your will if they had refused contact for several years. Our parents are with us long after they die, and we will be with our children long after we're gone. As parents, we need to think how the consequences will play out long after we're gone However, if I were going to leave my children with a long-lasting message that would carry on after my death, it would be one of generosity and dedication, despite how unjustly I believed that I was treated by them. Imagine how powerful it would be to give your child his or her inheritance with a letter of love and-without guilt - expressing regret that you couldn't be closer in your lives together; but also for you to acknowledge that he or she must have had her reasons to have cut off contact. Now imagine the message you send if you leave your child nothing, or only leave the inheritance to the child who remained close to you. There would be damage done to the child left out of the inheritance and there won't be much satisfaction to you in it. I believe that, as parents, we need to think of how those consequences will play out well after we're gone. It is also possible for children to forgive us after we're gone for whatever ways that we wronged them, or for whatever ways that they believed that we wronged them.
Hello, here is another reply from a solicitor that I think is very comforting ,
I would certainly sympathize with the impulse to leave them out of your will if they had refused contact for several years.
Our parents are with us long after they die, and we will be with our children long after we're gone. As parents, we need to think how the consequences will play out long after we're gone
However, if I were going to leave my children with a long-lasting message that would carry on after my death, it would be one of generosity and dedication, despite how unjustly I believed that I was treated by them.
Imagine how powerful it would be to give your child his or her inheritance with a letter of love and-without guilt - expressing regret that you couldn't be closer in your lives together; but also for you to acknowledge that he or she must have had her reasons to have cut off contact.
Now imagine the message you send if you leave your child nothing, or only leave the inheritance to the child who remained close to you. There would be damage done to the child left out of the inheritance and there won't be much satisfaction to you in it.
I believe that, as parents, we need to think of how those consequences will play out well after we're gone. It is also possible for children to forgive us after we're gone for whatever ways that we wronged them, or for whatever ways that they believed that we wronged them.
31 May 2009 02:09
steve@apww.co.uk says
You can't stop your daughter contesting the Will, and if she is in any way dependent on you she may well succeed (but that is not my area expertise.) It would have been much better to leave her £100, as that would have proved beyond any doubt that you had not accidentally left her out. You should document the reasons for leaving her out and keep them with (but not attached to) your Wills, otherwise your executors would have no ammunition to demonstrate that you had not just forgotten your daughter. HOWEVER, in my practice, experience shows that the "wild child" will often grow out of it and become reconciled to you, just before you die. And will the inherit NOTHING and be left bitter. It is often better to create a trust in the WIll so the errant child can receive her share if she gets her act together in future. So your tactic just could backfire without frequent review. My Will Writing Practice has a solid mechanism in place to help do just that, every year - but few firms do the same. Steve Pett
You can't stop your daughter contesting the Will, and if she is in any way dependent on you she may well succeed (but that is not my area expertise.)
It would have been much better to leave her £100, as that would have proved beyond any doubt that you had not accidentally left her out.
You should document the reasons for leaving her out and keep them with (but not attached to) your Wills, otherwise your executors would have no ammunition to demonstrate that you had not just forgotten your daughter.
HOWEVER, in my practice, experience shows that the "wild child" will often grow out of it and become reconciled to you, just before you die. And will the inherit NOTHING and be left bitter. It is often better to create a trust in the WIll so the errant child can receive her share if she gets her act together in future.
So your tactic just could backfire without frequent review. My Will Writing Practice has a solid mechanism in place to help do just that, every year - but few firms do the same.
Steve Pett
14 January 2009 20:49
soozwethered says
How mean you are. It is always more sensible to leave what you have equally to your children.
13 September 2008 20:50
DeeB says
Your daughter could contest your will if she could claim she may have been forgotten and that therefore you were mentally incapacitated in some way. It is best to mention her by name and to explain why you do not wish her to benefit from any inheritance which you may leave. Although you could leave a letter to this effect with your executors it will carry more weight if you mention her in your Will. Of course wills can be obtained by anybody willing to pay the fee so it will be open to scrutiny by anybody, but you obviously have some very good reason why you do not wish her to inherit and therefore should make this plain. You could just state that "Jane bloggs of ........ must not receive any payment from your Estate and that she will know the reason for your wishes." This does not make the reason public but does state in no uncertain terms that you do not wish her to receive any monies or property that is or was yours. Dee
12 September 2008 01:23