How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

hi can you tell me what to write in an inheritance statement.i

Customer Question

hi can you tell me what to write in an inheritance statement.i need to write one for my will.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Hi.


i am disinheriting my 3 sons and leaving the family home a small house to my youngest son.I have terminal heart disease and need to make sure my will is upheld after death.


 


he is having rows started with two of my other sons,they are pressurizing me to change my will,and my fear is my wealthy son who wants the home for collateral will take this to court.I only want my youngest boy to have the home,


 


can i write a declaration or statment of inheritance,i researched it.I have written so far that i only want it to be made clear that this is my decision and there is no ambiguity.


 


will putting there is no ambiguity,this is what i want in the declaration letter help my son should my other son contest.


 


do i have this witnessed?I have written it at home,whats the next step.....

Expert:  Stuart J replied 3 years ago.

You can write a letter of wishes which is always better either done in your own handwriting or by a solicitor BUT it will not stop a disinherited child contesting the will and being successful.

Leaving the other undesirables something small and lions share to the one is always better. It shows that you hadn't forgotten but did it on purpose BUT it is still open to challenge.



Wills and estate admin can be contested on various grounds

1

If a person doesn't provide for dependents, children incl adopted children of
all ages and a spouse (but not step children unless they have been treated as
the deceased's own childeren) in a will it can contested by making a claim under the THE INHERITANCE (PROVISION
FOR FAMILY AND DEPENDANTS) ACT 1975.



Details are here



http://www.rollingsons.co.uk/The-Inheritance-Provision-for-Family-and-Dependants-Act-1975.shtml



2

Undue influence if it is thought that the person making the will had been "got
at" when drafting the will.



3

Or if, when drafting the will the person lacked mental capacity/didn't know
what he/she was doing



4

Fraud





There are strict time limits
for contesting will under 1 above of 6 months from death.



Claims under 2 or 3 above 12
months.



Claims under 4, no time limit.



http://www.probate.uk.com/how_long_contest_will.html



5



Promissory Estoppell. This is a
technical legal doctrine not used very often. It says that if anyone has been
promised something during the lifetime of a person and they relied on that promise to their
detriment
then they are entitled
to have whatever was promised. The classic case is indeed the young man on the
farm, who is told by the old man "don't go off to seek your fortune son, but
stick with me and work on the farm and I will leave it to you when I die,".



So the young man doesn't go off
to seek his fortune and stays and works on the farm and it turns out that when
the old man dies he leaves everything in his estate to the prize cow, Daisy or
his new girlfriend, who is 30 years younger than he is. In that case, the young
man having given up a future (to his detriment) on the basis that one day (he
was promised) the farm would be his and he believed it and relied on it, he can
get a court order that the farm is transferred to him. Such claims are not
cheap or quick to bring in do require a large burden of proof of the promise
and reliance to detriment.



 



Anyone can get a copy of a will
once it has been admitted to probate from HM probate registry, upon the payment
of five pounds.



Anyone can also hold up the granting of probate by entering a caveat at the
probate registry. At least, they will then find out if there is a will. The
entering of a caveat will certainly wake up any executors. Some explanatory
details are here;



http://www.anthonygold.co.uk/site/ang_articles/ang_articles_filing_a_caveat_first_step_in_contesting_a_will



If
there is no will the estate is distributed under terms of the rules of
intestacy



http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm




Can I assist further?

Please bear with me today because I will be online and off-line .

 

Please don't forget to positively rate my answer service (even if it was
not what you wanted to hear) and I will follow up any further points you raise
for free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask








Customer: replied 3 years ago.

hi.please listen.


 


this is all i can do now as im 80 and sick.tired


 


i am lodging this letter with my solicitor next week.


 


i have left the home to my young boy and cut out the others.they have about 20,000 each given to them .


 


he looks after me .


 


wont that help him if one contests?


 


you are most helpful thanks

Expert:  Stuart J replied 3 years ago.

It really depends on what junior son gets. All that you can do is put obstacles in the senior sons way to discourage contesting/make it as unattractive as possible OR what you can do is transfer the various assets now.

It is always harder to contest a lifetime gift

Customer: replied 3 years ago.

ah.i am against lifetime gifts so i will do the letter..........


 


surely with a clear will,and the letter that is a good bet for him?


 


i feel it would be unfair for me to bestow it now

Customer: replied 3 years ago.

junoir son gets a house and no cash the other three get about 20,000 each

Expert:  Stuart J replied 3 years ago.

I think that by giving the others £20k and with the letter of wishes, you have done as much as you can do.

 

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice