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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 722
Experience:  Expert
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My 91year old father Eric is considering removing my brother

Customer Question

My 91year old father Eric is considering removing my brother as a beneficiary in his will, as he does not want his ex-daughter in law to receive or have any claim on his estate. This is because my brother is going through divorce proceedings (decree nisi completed), and his ex-wife is delaying going to mediation to sort out the financial aspect as she knows that Eric is not well and seems to be waiting for him to die so that she can claim part my brothers inheritance.
JA: Where are you? It matters because laws vary by location.
Customer: My father lives in Devon, and my brother and his ex-wife live in Baskingstoke.
JA: What steps have you taken so far?
Customer: This is the first step - to find out if dis-inheriting my brother is the most water-tight way of achieving my fathers wishes. I was wondering if some form of caviat might work, but dad wants it to make sure that it couldn't be successfully challenged.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so, but I'm not sure what information might be relevant. My fathers estate is likely to be around 600K, and is so far to be split equally between my brother and myself.
Submitted: 15 days ago.
Category: Law
Expert:  MarianC replied 15 days ago.

Good evening, I am sorry to hear that your father has to cope with this at his great age. He could as you say remove your brother completely with an agreement that you will ensure that he is looked after (also known as a secret trust). The other option is a discretionary Trust, where your brother is included in the Will but does not have an automatic right to any benefit from your father and this is most commonly used in this situation.

Kind regards

Marian

Customer: replied 15 days ago.
Thank you for your help. I can now investigate more about discretionary trusts so that my father has more options available to him.
Expert:  MarianC replied 15 days ago.

Thank you, ***** ***** need any further assistance today?

Expert:  MarianC replied 12 days ago.

thank you, ***** *****