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Will Advice

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  • Will Advice

    Husband and i owned our house as tenants in commen , late husband left his 50% share to our youngest daughter as i have also done in my will,leaving nothing to our eldest daughter. The reason being, she was left a house from my mother a number of years ago, also about ten years ago i gave her a field which she later sold for a great deal of money, which was fine. In the event of my death would the elder daughter have grounds to contest the will, to counteract this happening could i leave letters explaining why this had been done.
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  • #2

    Besides leaving a letter of wishes explaining in detail the reason for your decision to leave nothing to your eldest daughter, you could also include in your will a no contest clause (aka a forfeiture clause).
    If you leave a small bequest to your eldest this clause means she will forfeit her inheritance if she challenges your Will.

    Of course if she should successfully challenge the validity of the will and the whole will is found to be invalid, the no contest clause will be invalid.
    In that case your most recent previous will applies, although if there isn't a previous will then the rules of intestacy apply



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