They can still challenge....It's best to " gift something" as a token gesture if you foresee " trouble ahead" then they can't say they were left nowt!
They can still challenge....It's best to " gift something" as a token gesture if you foresee " trouble ahead" then they can't say they were left nowt!
Can't say they were " left out of it" though ...They can still challenge....
This is why wills should be looked at regularly, the smallest change in circumstance can make a will absolutely worthless, all ours are up to date, but I also have what I term my "nuclear" option of a hand written letter signed by my parents (who own all land and property and have the largest share in the business)and witnessed by 2 independent solicitors should any fall out occur between my siblings(which there will be). I have had this done to protect me and my family because I want an easy life ! It outlines that as long as I get what my share is they can fight over what's left ! A bit mercenary I know ! But having 2 siblings that are sure that the other has a £ more than the other and are very bitter about it !going through trying to settle a will, that was challenged 30 yrs ago !
the will was incorrectly written, wording not the 'wishes', a deal could have been reached, but not acceptable to all parties, just wanted money money money.
stopped the farm being sold, and rented it for 30 years, not unduly worried about that, kept mother going - who was the main cause of trouble !
she's gone, now siblings to sort.
but you need expert advice, and quickly. One thing has quickly become very obvious, the law, and its interpretation, continually evolves, basically any document over 5 yrs old, is rarely 'unchallengeable' to some degree.
that's nothing to do with how it was written, its because some judge, in the uk, has decided something wasn't right/fair or whatever, then that is precedent, and becomes 'law'.
a hand written letter, clearly stating your wishes, is pretty bombproof.
in my case, the legal decisions, taken 30 yrs ago, forming a trust, look to be incorrect, not properly drawn up, and full of 'assumptions' that were incorrect. The expression, 'the shites about to hit the fan' pretty well sums it up.
my legal guru, say's its in my favour, but what you don't know, is what the other side are being told. I do know they are extremely reluctant to produce some crucial documents, and solicitors have registered the possibility of a claim against them, with their insurance.
its a complete mess, and complicated, but what l have done, is put an offer to them, based on probate, that if it ends up in court, a judge looking at it, would say 'its fair'. Puts you in the moral high ground, if you go to court.
pretty certain in my case, there's not a lot they can do, without my agreement, and hopefully a 'deal' will be struck, but you never know.
what gives me some re-assurance, is they are not 'pushing' for their money, which no-one can understand why. So their advice, looks to be the same as mine.
my grandparents did that, leaving a hand written letterThis is why wills should be looked at regularly, the smallest change in circumstance can make a will absolutely worthless, all ours are up to date, but I also have what I term my "nuclear" option of a hand written letter signed by my parents (who own all land and property and have the largest share in the business)and witnessed by 2 independent solicitors should any fall out occur between my siblings(which there will be). I have had this done to protect me and my family because I want an easy life ! It outlines that as long as I get what my share is they can fight over what's left ! A bit mercenary I know ! But having 2 siblings that are sure that the other has a £ more than the other and are very bitter about it !
Will add, neither want to farmBoth my children have told me, they don't want me to scrimp and save, to be able to leave a large inheritance, rather, they want me to enjoy my money myself.
"Nothing" would be more straight forward, but harshAll siblings should be left something, the division can reflect any past gifts, their need, and perhaps their worthiness?
This is the best advice on the thread if your parent is sound of mindMy advice would be for the parent to hand write a letter to the judge, explaining why they have chosen to do what they did, so in the event of the will being challenged in court, the judge can see it was a thought out rational reason for the decision. I would advise getting either a barrister or solicitor who's area that is to help pen the letter.
Was told of something similar, where the sibling who was left the farm, ended up paying off the excluded child to stop the legal fees of a challenge continuing in court. For example barrister charging £1000 for each journey to court! That puts paying a barrister to help pen the letter of intent before death in perspective!
just an update, halfway through dec, and they still haven't provided us with the information requested. And we have undeniable legal right, to see it.going through trying to settle a will, that was challenged 30 yrs ago !
the will was incorrectly written, wording not the 'wishes', a deal could have been reached, but not acceptable to all parties, just wanted money money money.
stopped the farm being sold, and rented it for 30 years, not unduly worried about that, kept mother going - who was the main cause of trouble !
she's gone, now siblings to sort.
but you need expert advice, and quickly. One thing has quickly become very obvious, the law, and its interpretation, continually evolves, basically any document over 5 yrs old, is rarely 'unchallengeable' to some degree.
that's nothing to do with how it was written, its because some judge, in the uk, has decided something wasn't right/fair or whatever, then that is precedent, and becomes 'law'.
a hand written letter, clearly stating your wishes, is pretty bombproof.
in my case, the legal decisions, taken 30 yrs ago, forming a trust, look to be incorrect, not properly drawn up, and full of 'assumptions' that were incorrect. The expression, 'the shites about to hit the fan' pretty well sums it up.
my legal guru, say's its in my favour, but what you don't know, is what the other side are being told. I do know they are extremely reluctant to produce some crucial documents, and solicitors have registered the possibility of a claim against them, with their insurance.
its a complete mess, and complicated, but what l have done, is put an offer to them, based on probate, that if it ends up in court, a judge looking at it, would say 'its fair'. Puts you in the moral high ground, if you go to court.
pretty certain in my case, there's not a lot they can do, without my agreement, and hopefully a 'deal' will be struck, but you never know.
what gives me some re-assurance, is they are not 'pushing' for their money, which no-one can understand why. So their advice, looks to be the same as mine.
Maybe the lawyers would accept those things in paymentThree days in court, let's say £40 000 for both parties in costs or put it another way, three days in court a new pick up and a good second hand tractor in costs!
Depends who created the assets.I am amazed anyone has so little self respect as to challenge a will.
If they didn't want you to have anything, and went to the trouble to exclude you, they can effing poke it.
Is my philosophy anyway.
No-one is entitled to inherit anything unless the benefactor wishes it so.
....once told by a lawyer, to challenge a will it goes to high court ...Qc & they wur 10k a pop ...usually 10 minutes in court & multiple visitst high court ...& high court basic fee is 50 k ....that was 10 years ago. Money drain ...Three days in court, let's say £40 000 for both parties in costs or put it another way, three days in court a new pick up and a good second hand tractor in costs!
This is why anyone contesting a will stands a good chance providing they can fund it. It comes down to not who is right but who blinks first.....once told by a lawyer, to challenge a will it goes to high court ...Qc & they wur 10k a pop ...usually 10 minutes in court & multiple visitst high court ...& high court basic fee is 50 k ....that was 10 years ago. Money drain ...