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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7503
Experience:  UK solicitor
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Can I make a will cutting out our estranged daughter, my son

Customer Question

Can I make a will cutting out our estranged daughter, my son lives with his partner and daughter, and son, he has lived there years paying us minimal rent, we have a joint mortgage, 7 years left, we want to avoid our daughter step to myself my wife's daughter, from taking from the house, my wife and myself want him to have it can we cut her out, and can she contest? Please help thanks paul wheeler.
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.
Paul,
Thanks question.
Is your estranged daughter financial dependent on you to any extent?
Kind regards,
Tom
Customer: replied 1 year ago.

thanks, ***** ***** not dependent and is over 40 years old, and has a son over 21 yrs old, she is at university on a funded course we think as there has been no contact years exact details not known. thanks paul.

Expert:  Thomas replied 1 year ago.

Thank you question and patience, I’m Tom and I’ll try to help you.
If she is included in your Wills then you will need to draft new Wills excluding her.
The inheritance provision and dependants act 1975 generally requires that a person excluded from another’s will is required to show a form of dependency on the deceased in order to claim a part of their estates.
So, if she is not financially or emotionally dependent on your at the moment and it remains so until you die then her chances over claiming under the Act at limited by this.
In addition, to further limit her ability to claim against your estates you may consider indicating in your Will or in a letter of wishes held with the Will that you have consciously excluded your estranged daughter from your will after giving due consideration to her and how your estate should be inherited. If you do this she will be in a not-great position to make a claim following your passing (when the time comes). It shows that you have not simply “forgot” to include her.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7503
Experience: UK solicitor
Thomas and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks Tom, this has really helped, we have no wills at present which way would be best , see a solicitor, or can i do it by post or online, i know i will need an executer will who can i use family member or friend ? i am not keen on the diy will unless you think it is ok thanks paul.

Expert:  Thomas replied 1 year ago.
,
Because excluding a daughter is a potentially contentious issue I would see a solicitor in person about drafting a Will to deal with this.
You can appoint anyone you like to be your executor, it can be a family or a friend, either is fine.
If you see a solicitor they will most likely recommend that you appoint them to be co-executors in order to deal with the matter. This is okay, but they will charge fees at their hourly rate which will be expensive and your executors can appoint them in any event if a dispute should arise if they (ie not solicitors) are appointed in your Will.
Kind regards,
Tom
Kind regards,
Tom

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