Should children written out of wills be able to contest this?

  • No

    Votes: 79 79.0%
  • Yes

    Votes: 16 16.0%
  • Disrespectful but no change is needed

    Votes: 4 4.0%
  • Other

    Votes: 1 1.0%

  • Total voters
    100
I am in a similar situation, my son sentme alegal letter telling me to keep out of his hife 15 years ago, so I respected that and went on with my daughters. My son has no inheritance, he will get his fathers inheritance, my daughters on the other hand will only get mine. I think it is disrespectful of the law to allow somone who has no intention of being in your life, sharing their family or special days should be intitled to anything. I'd love to see a lawyer on here give his opinion.
I totally support respecting and therefore valuing the terms as set out in the will - if they are not in or part of your life, they are non-existent and therefore not a consideration. Moreover, when they are successful in making a legal claim, it is not likely they will take any property with thanks and gratitude, perhaps they will even mock you and rub their palms in glee that they had won! A good reminder is that whatever assets you have accumulated in life, very often it's through hard work and some self-sacrifice so respect must be paid to the person who had gone and their wishes carried out, to yhe letter. Gillian
 
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Be careful what ever you do. My husband and I have two adult Sons.
We had a close relationship with both if them. Prior to our both retiring our Financial Advisor asked if we intended down the track for the two sons to have the house, when we answered yes, she suggested that it
would be a good idea to transfer the deeds to the home back then,
We did this and all was explained to them. We would continue to live in the home rent free, but we would pay all of the bills pertaining to the
Home. Our eldest son was made Executor of our wills, has Power of
Attorney for us as well as all the necessary roles.Then my sons really had some bad arguments with my husband and they have not spoken for the last 8 years. He will have nothing to do with either of them.I remained in contact with both of them.
Then out of the blue, without knowing why, no arguments between them and I they cut me off as well. No rhyme or reason. Don't ring, don't visit, nothing.
executor of our wills remains the same thing as do all other RolesThe situation now exists, if they chose to they could turn us out of our home.
All important roles given to them regarding our health, wellbeing,
Where we spend our days if we can't live in our home due to health or
something similar all currently is up in their hands.
We could be out on our bums with nothing and no one to look after our needs,
I hope it never comes to that!
But hey I never thought they would do what they have to me, not able to see or visit them, unable to see grand children, and that hurts,l
Just be very careful what you plan for the later years.,.,
Yes, transferring your home was not a good move, I was advised this by a solicitor also, but did not do it. You never know what the future holds.
You always need to ensure 100%that you have a roof over your head.
 
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So sad what happens in families when relationships break down. Where money is involved, family sentiment seems to disappear like dew on grass and greed takes over. Any decision to transfer the family home early into the name(s) of those who are to inherit must be accompanied by a legal contract of life-long tenancy. Painful as it is to admit, we can never rely on loyalty or love where money is involved. Using a trust or testamentary trust to "fence off" assets for the inheritors of your choice is the way to go. A trust is not part of your estate and cannot be challenged. Consult your solicitor if you wish to use trusts to safeguard assets for your chosen inheritors and make those assets impervious to any challenge by others. It may cost a bit more to set up, but you will have peace of mind that your wishes will be carried out.
 
Be careful what ever you do. My husband and I have two adult Sons.
We had a close relationship with both if them. Prior to our both retiring our Financial Advisor asked if we intended down the track for the two sons to have the house, when we answered yes, she suggested that it
would be a good idea to transfer the deeds to the home back then,
We did this and all was explained to them. We would continue to live in the home rent free, but we would pay all of the bills pertaining to the
Home. Our eldest son was made Executor of our wills, has Power of
Attorney for us as well as all the necessary roles.Then my sons really had some bad arguments with my husband and they have not spoken for the last 8 years. He will have nothing to do with either of them.I remained in contact with both of them.
Then out of the blue, without knowing why, no arguments between them and I they cut me off as well. No rhyme or reason. Don't ring, don't visit, nothing.
executor of our wills remains the same thing as do all other RolesThe situation now exists, if they chose to they could turn us out of our home.
All important roles given to them regarding our health, wellbeing,
Where we spend our days if we can't live in our home due to health or
something similar all currently is up in their hands.
We could be out on our bums with nothing and no one to look after our needs,
I hope it never comes to that!
But hey I never thought they would do what they have to me, not able to see or visit them, unable to see grand children, and that hurts,l
Just be very careful what you plan for the later years.,.,
If you have not done so already, please consult your solicitor about revoking the current wills and powers of attorney.
 
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Thank you to all of the people who offered advice regarding my situation
Posted under "Estranged family .........."
 
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