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.....
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
1If a person doesn't provide for dependents, children incl adopted children ofall ages and a spouse (but not step children unless they have been treated asthe deceased's own childeren) in a will it can contested by making a claim under the THE INHERITANCE (PROVISIONFOR FAMILY AND DEPENDANTS) ACT 1975.
Details are here
2Undue influence if it is thought that the person making the will had been "gotat" when drafting the will.
3Or if, when drafting the will the person lacked mental capacity/didn't knowwhat he/she was doing
There are strict time limitsfor contesting will under 1 above of 6 months from death.
Claims under 2 or 3 above 12months.
Claims under 4, no time limit.
Promissory Estoppell. This is atechnical legal doctrine not used very often. It says that if anyone has beenpromised something during the lifetime of a person and they relied on that promise to theirdetriment then they are entitledto have whatever was promised. The classic case is indeed the young man on thefarm, who is told by the old man "don't go off to seek your fortune son, butstick with me and work on the farm and I will leave it to you when I die,".
So the young man doesn't go offto seek his fortune and stays and works on the farm and it turns out that whenthe old man dies he leaves everything in his estate to the prize cow, Daisy orhis new girlfriend, who is 30 years younger than he is. In that case, the youngman having given up a future (to his detriment) on the basis that one day (hewas promised) the farm would be his and he believed it and relied on it, he canget a court order that the farm is transferred to him. Such claims are notcheap or quick to bring in do require a large burden of proof of the promiseand reliance to detriment.
Anyone can get a copy of a willonce it has been admitted to probate from HM probate registry, upon the paymentof five pounds.Anyone can also hold up the granting of probate by entering a caveat at theprobate registry. At least, they will then find out if there is a will. Theentering of a caveat will certainly wake up any executors. Some explanatorydetails are here;http://www.anthonygold.co.uk/site/ang_articles/ang_articles_filing_a_caveat_first_step_in_contesting_a_willIfthere is no will the estate is distributed under terms of the rules ofintestacyhttp://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?
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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
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
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
junoir son gets a house and no cash the other three get about 20,000 each
I think that by giving the others £20k and with the letter of wishes, you have done as much as you can do.