Wills and disinherited children

The solicitor is talking nonsense! You can leave whatever you like to whomever you like in a will. My late mum had very little to do with one of my 2 brothers so only left him a token amount in her will. The rest of her estate was divided equally between my other brother and myself. Her solicitor said she was perfectly entitled to do this. Having said that,there is obviously no telling whether the people left out of the will,will contest it. But as my DM said,by then it won't be her problem to worry about!

Rosie21 have you looked at Elegran's link. It may be worth printing off and taking to a solicitor - it seems a very sensible solution to your mum's problem.

The advice about telling people in advance what your will says is interesting. But can it be trusted?
My late mother refused to divulge what was in her will and as we never got on very well, I assumed that she would cut me out. In the end, this never happened.
My FIL has given OH a copy of his and MIL's wills. We assume they are the latest versions and they show that OH is the only beneficiary. OH is an only child and we have 2 sons.
Recently, in an effort to persuade his grandsons to move in with him if MIL dies first, FIL has told each of them that he intends to leave his estate to them, not to OH.
We think the wills are probably unchanged from the versions we have, but it's the duplicity that is so annoying.
Fortunately we never make financial plans based on what we may or may not inherit.

There are five of us and Dad changed his will to leave 3 of us a certain amount, the one with special needs nothing and the youngest double the amount we got! So you can do what you like as far as I know. ?

It needs a codicil stating that anyone who challenges the will gets nothing.

Providing the person making a will or changing a will is of sound mind the person can decide for themselves where and to whom money or property can be given. A solicitor may give guidance but nothing more. Surely to act in any other way is legally unethical. Not trying to be Miss Marple here - but something does not ring true.

You go with her next time she goes to a solicitor, they don't tell you what to do, they can advise but its up to you if you want to take it. Their is another way where you don't need a will, let your mother give you power of attorney, I'm sure she could trust one of her children to ensure her wishes are carried out on her death.

Are you sure your mother hasn't misunderstood? In England you can leave your estate however you wish. It might be as well to mention the child not receiving anything and giving a reason (had no contact). Perhaps she should ask the solicitors to put their advice in writing.

I inherited money from my mother when she died nearly 3 years ago. It was property and her entire estate as I am an only child. I myself have two children (grown up with own families ) My younger daughter has decided she wants nothing to do with me or my mother when she was alive. This has been for many years and although I've tried many times - she still has no interest.

I am divorced from their father but have a long-term partner but we are unmarried. I have made provision to him but as the vast bulk of my own estate is from my mother I feel it correct for my blood family to inherit. When making my will at my local solicitor I explained the reason for only wanting one daughter to inherit and it was worded so that my estranged daughter is acknowledged ( ie. I know she is my daughter ) but I make no provision to her. Also it was added that in the event of my daughter's death it would pass to her children. Solicitor explained we could potentially die together and my inheritance would go to her husband who could then remarry (ditch the children) and spend the money however he chose. Obviously very unlikely- he is very nice. But covering everything.

I've left most of my estate to 5 charities. The solicitor pointed out that it would be best to give proportions, rather than amounts, because the actual future value of the estate is unpredictable (house prices, inflation etc). This may be what your solicitors meant. Example: In the 1960s my grandmother made her will leaving £200 to her longtime charlady, at the time this was a valuable sum but by the 80s when she inherited it wasn't really because of inflation. But I can't see any reason why all children have to be treated equally, you should be able to say '50% to A. 30% to B, and 10% to each of C and D'.

Very helpful the link thank you elliegran

I think this solicitors are just suggesting the cheapest way to make a will, ie everything divided equally between offspring. No way is that the only way. But different clauses will mean the will would cost more to set up.

In England and Wales we have "complete testamentary freedom", but the Inheritance (Protection for Family and Dependants) Act 1975 gives certain classes of people; spouses, former spouses who have not remarried (and didn't have a "clean break" divorce clause), civil partners, children, anyone treated as a child of the family and people who cohabited with the deceased for the last two years of their life or anyone who was being maintained by the deceased have the right to make a claim against an estate.

The only ground for a claim is that the Will did not make "reasonable financial provision" for them. In reality an adult child who is earning, or capable of earning, a living wage is very unlikely to succeed unless the parent has been paying their rent, mortgage or school fees etc. A spouse would usually be awarded what they might have got in a divorce i.e. half of the estate.

What is important is to leave a letter with the Will explaining any inequality of division and the reasons for it. As long as those reasons are valid and not paranoid or delusional they are very unlikely to be overturned by the court.

We live in England and mum is 'of sound mind'. A bit frail but quick witted and financially astute.

That what we are suggesting too. Thanks.

Gardener is correct. Where do you live Rosie?

There are different laws on inheritance in different countries, so it depends which country she lives in! Scottish law is also different to England & Wales.

If she is of sound mind I'm sure legally she can leave the money to whom she wishes especially if she explains her reasoning. As a parent I don't think I could do that. I would always want to leave it equally regardless of how attentive or otherwise they were. I might think differently if say one child was very well off and the other poor but I would discuss it with them first and hopefully do it with their blessing.

Inequality in a will is not really a foundation for a real challenge. Its annoying but hardly evidence to challenge. We all took legal advice - You have to PROVE incapacity (Illness etc) or coercion (not just someone nagging). The whole idea of a Will is that its your wishes!

Snap HildaW

I am surporised that the lawyers were so black and white. Legally, she can leave her money however she wants to, but if the amounts are not equal, those who don't get much may set up a challenge - she should write down her reasons and tell everyone what to expect so that they know what is coming, and that she is in her right mind and not being influenced by one child to cut out another.

Read this - www.wsj.com/articles/SB10001424053111903648204576554620047917688

The ones who get token amounts may not be pleased but if they have not communicated with her they shouldn't be surprised.

On the other hand, if she doesn't get round to making a will at all and dies intestate, it will all be equally divided so what she wanted won't happen.

She could go to the Citizens advice Bureau and ask them.

Not sure the solicitors are right. Unless they suspect she is not of sound mind and they are trying to protect themselves. Our father waltzed into his solicitors and disinherited all three of us out of spite.(Also a long story!) It was all legal and above board.
She should seek advice from Citizen's Advice perhaps.