Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Terbs on 28 July 2015, 20:15:36
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I expect you have seen on the news where a person has been awarded a substantial amount of money from her mother's estate, despite not being named in the will.
Evidently there was a split between her and her mother years ago. So she contested the will and the judge found in her favour.
Sorry, I don't agree with that. What is the point of making a will if it doesn't stand up.
On a similar track, swmbo stands to inherit a substantial amount of money from a relation who died intestate.
Four of our relation will also, by default, each receive a substantial amount, despite the fact they did not know him from Adam.
However, a 'wish list' was found, but is not classed as legal as he never signed it. This list names 8 people who he wanted to have a certain figure. One of those people was swmbo. Also named were some aeronautical charities who would benefit from the residue.
Four people and the charities on the 'wish list' will lose out to the aforementioned people. But we have no right to challenge, and allow the monies to go where the deceased wished.
Before anyone thinks we are on the grab, swmbo will receive the amount her cousin wanted her to have, whether intestate rules or if the 'wish list' was legal.
It seems strange a dead persons wishes are not adhered to.
And, as a footnote, it shows how important it is to make a will (and make it clear and for what reasons you exclude close family members.)
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I expect you have seen on the news where a person has been awarded a substantial amount of money from her mother's estate, despite not being named in the will.
Evidently there was a split between her and her mother years ago. So she contested the will and the judge found in her favour.
Sorry, I don't agree with that. What is the point of making a will if it doesn't stand up.
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I listened to that intently on the radio today. The claimant was awarded 50K originally but the RSPB, RSPCA etc wanted the lot. They counter-claimed so she counter-claimed, and the judge awarded her 100K.
The basis for the award......her mother did it out of spite and had no previous connection with either charity, hence the judges decision. Apparently you have to maintain donations for charitable contributions for the Will to stick. You could argue that they went against her mothers wishes and this makes a mockery of a Will, which indeed it does, but apparently if a descendant can prove that they are "in need" of financial support from the 'estate' then that descendant could always contest the will if the person leaving the Will changed it out of spite.
Interesting case that must have raised a few eyebrows with people in a similar position. :)
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Not sure if she 'changed' her will, or if it was original. I missed that bit, Alan. Obviously, we don't know when the will was made. The dispute, correct me if I am wrong, was about the daughter eloping, I believe.
So if she had no contact from those early days and made a will just to charities, it does seem a bit harsh to deprive them.
For instance, I have no connection with any charity, so what if I decided to leave my millions few quid to them and not my kids. That gives them the right to contest it (under 'need') !!!!!!!!!!
The law is an ass, as they say ;)
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Yes, that's right, the girl eloped at the age of seventeen so the mother disowned her. :y Also correct about the charity side of things according to the report Tony. Regular donations or some association with the charity was required to make a stronger case for the charities in question.
This woman's 'needs' equated to an outstanding mortgage so that mortgage has now been cleared using her inheritance.
Where there's a Will there's a way.........around it. :) ;D
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Yes, that's right, the girl eloped at the age of seventeen so the mother disowned her. :y Also correct about the charity side of things according to the report Tony. Regular donations or some association with the charity was required to make a stronger case for the charities in question.
This woman's 'needs' equated to an outstanding mortgage so that mortgage has now been cleared using her inheritance.
Where there's a Will there's a way.........around it. :) ;D
Seems a bit harsh. ::)
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Well, yes, it does seem so. However, we do not know the facts surrounding this. In life, there a many cases of family 'disownment' if that's a word. Sad situations, but not new, by any means. It does come into line with situations of divorce cases, where a person makes good after a divorce, but the other party makes a claim for monies after the original partner dies. :(
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Well, yes, it does seem so. However, we do not know the facts surrounding this. In life, there a many cases of family 'disownment' if that's a word. Sad situations, but not new, by any means. It does come into line with situations of divorce cases, where a person makes good after a divorce, but the other party makes a claim for monies after the original partner dies. :(
That case was different, they did a budget divorce which didn't close the loop holes off.
With regards to wills, I believe you are better off leaving a token gift to those who you don't wish to give anything to. For example, will them 50p or a book or a stamp or something. The reason being, they can't argue that you've forgotten them.
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Dont underestimate the power of charities . My uncle s will was contested by a well
known charity and they took his house and nearly £1 million
in cash from him >:(
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Dont underestimate the power oftrust charities .
Fixed that for you..
Just die penniless, that's my plan anyway.
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Obviously Tony's point was that they should honour the wishes of the deceased, and not alter peoples express wishes willy nilly. :y
Just out of curiosity, who's money do the charities use to fight such cases. Not donation money surely? :-\
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Just out of curiosity, who's money do the charities use to fight such cases. Not donation money surely? :-\
Have a guess..
Incidentally I'm told (when my ex worked for a national charity) that most of their money comes from donations in wills, so no surprise that they fight hard for it.
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Just out of curiosity, who's money do the charities use to fight such cases. Not donation money surely? :-\
Have a guess..
Incidentally I'm told (when my ex worked for a national charity) that most of their money comes from donations in wills, so no surprise that they fight hard for it.
At least, if you leave them money in your will, they'll find it hard to pester you constantly to set up direct debits. >:(