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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We write our wills and we would like to exclude some people.

Customer Question

We write our wills and we would like to exclude some people. We have two minor children and we would like to leave them a trust in case both of us die. We would like them to be brought up, in this tragic event, by our family of heart and soul instead of
our family of origin. For this reason we (myself and my wife) wrote our wills. The solicitor advised us not to include any exclusion clause in the will, where we wanted to specify that all these people will not be able to interfere with our trust/estate. We
were advised only to write a letter of wishes. Shall we include this exclusion clause or the letter of wishes in enough in case the probate becomes contentious?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstFor clarity - you have chosen who you wish to appoint as Testamentary Guardian for your children, but you wish to exclude some relatives from receiving any of your funds.How close are the family members involved?Clare
Customer: replied 1 year ago.
Many thanks for your reply.
The family members are the children's grandmothers, 1 auntie and 1 nephew.
Myself and my spouse are both in the same boat, married for over 20 years.Many thanks again.
Expert:  Clare replied 1 year ago.
In that case you certainly do not need an exclusion clause and it would be inappropriate for it to be included in the Will since none of those people could mount a claim in any event
I hope that thi sis of assistance - please ask if you need further details
Customer: replied 1 year ago.
Just wanted to make sure that I covered all the issues.1. The trust we leave through our wills where we appoint the guardians, who are family friends and 2. also writing a balanced letter of wishes, explaining clearly our family issues, is enough to prevent any issues in case the probate becomes contentions and our blood family would issue a caveat in order to be appointed as PR or guardians of the children?This actually is the only reason we wrote these wills, to protect our children in case something happens to both of us. We know how malicious these family members are and they will fight against everything. We try to protect our children as much as we can.Many thanks
Expert:  Clare replied 1 year ago.
Hi
Yes that is the appropriate way forward
In fact if there is a dispute over the care of the children it would be the Family Court that would determine the matter.
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks for your professional and detailed answer.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope that this is never actually relevant!
Clare
Customer: replied 1 year ago.
This was the piece of information we really needed to understand in order to put our mind at rest. Now we finalise the wills and move on with our lives.Many thanks again and we wish you a happy and healthy New Year.
Expert:  Clare replied 1 year ago.
Thank you - and the same to you