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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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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: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
-Could you explain your situation a little more?
Customer: replied 4 years ago.


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:  James Mather replied 4 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


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

Details are here


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


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



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

Claims under 2 or 3 above 12

Claims under 4, no time limit.


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
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;

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

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Customer: replied 4 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:  James Mather replied 4 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 4 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 4 years ago.

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

Expert:  James Mather replied 4 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.