General Chat

.... if some so-called higher authority can ignore your wishes? The person who contested her mother's leaving 2 million to R.S.P.C.A. has won her case.

I'm not being soft because the R.S.P.C.A. has lost out nor am I green with envy because someone gets so much. I feel that if it is stated clearly on a legal document the wishes of the deceased, then the document should stand.

I know I don't know the ins and outs of this family but using the case as a for example.

LW

Well, it would seem that the mother would have been easily coerced... that her daughter was looking after her mother in the last few years of her life and keeping the farm afloat.... and the mother appeared to believe that her daughter would inherit.... so I wouldn't use this as an example... the RSPCA dipped out but an elderly and caring daughter would have been turfed out of her home... that is just not right. And not what the mother intended.

Love

Daff xxxx

Yes, Diane, that is exactly what happened... it was proven that the mother was coerced into signing the will.... and was not well enough to realise it.... she thought the will was in favour of her daughter.

It did say on the report that the mother may have been forced to make this will by her husband .... who had died 10 years previously.

We have no way of knowing what the mother 'thought' only what was written in the will.

I still believe a will should stand

LW

The will has been set aside because the judge decided t the wife was not in a fit and proper state of mind at the time she signed it, and had probably been presurised by her husband.

The other issue is that there are legal costs so far in excess of £1 million which will have to be paid for out of the estate at the end of the day.

It would have been far easier to come to an out of court agreement, perhaps a 50-50 split. If the case goes to appeal then the likelihood is there will be nothing left at the end of the day.

7 years between the death of husband and wife... time in which to change a will I feel, however much coercion there had been in the making of it?

"The charity said it had made different offers to settle the case through possible compromises, including an offer of £650,000 plus Dr Gill's costs. "

I thiink I would have accepted that and been glad that the rest of the money was going to good use...that's just me though :)

Me and OH have made identical wills, so which of us coerced the other! We have made bequests to charities, a friend and relatives, all my relatives as OH has none living I would hate to think that what we wish could be overturned, but I think the RSPCA are being greedy in this case.

I would expect a daughter would take care of parents, & their property etc. without assuming there would be financial reward at the end.

That is how I would feel, Rita. That I had done the right and moral thing by my parents and had enough dignity to respect their wishes.

LW

it`s not as if she is living in poverty - she`s a Lecturer

Now when you make a will and you want to leave someone close to you out of it, you have to write a letter giving reasons why that person is not in the will, and that letter has to be kept in a safe place with your will.

Apparently there is a type of will one can make which cannot be contested at all. Was told this recently. So I'm going to ensure that my will, when I'm gone cannot be contested as I don't think family will like the contents. This
will ensure my wishes will be carried out.

christine

I would like to get hold of that will christine, theres a few people in the family that have rattled my feathers, and I never forget.

apparently these days there is a will which cannot be contested, not sure of the name of it. Was told of it myself a couple of months ago, will make enquiries.

Unfortunately a lot of people contest will these days because they don't like the decisions which have been made, quite easy to do. Not all people respect the decisions made within the will.

christine