Mothers' Will

[Kati]

I was talking to my mum the other day, and she mentioned that she had been talking with her partner about making a will (she's 60 this year and wanted to put something in place before it was too late ). As most of you will already know mum owns an animal sanctuary, and it is her wish to leave a (small) lump sum to myself and my siblings while the rest is put back into the rescue.

This is where her problem lies :sad:. Her partner of 20+ years absolutely loathes all 3 of her children. He is causing her a lot of grief by saying that everything should be left to the animals (nothing for us) and trying to make sure that her will reflects his wishes.

While I don't actually have a problem if she doesn't leave us anything, I feel that her being pressured in to making a will that means her assets are used in the way that her partner wants is wrong. Her will should be her decision and as such he should have no say in what it states.

So ... my question is:
If he managed to get her to write her children out of her will, is there anything we could do about it? Would the Inheritance Act be a viable argument or could we claim the will is invalid because of undue duress?

[enaid]

Re: Mothers' Will

http://www.bbc.co.uk/news/uk-england...herts-33684937

[Kati]

Re: Mothers' Will

http://www.bbc.co.uk/news/uk-england...herts-33684937

I remember that :nod: ... problem is, mum definitely has a connection to the sanctuary (seeing as she's its owner/founder) and it's not her but her partner that wants to make sure we don't inherit

[Kati]

Re: Mothers' Will

[MENTION=85500]Peridot[/MENTION]?? any ideas?? xx

[des8]

Re: Mothers' Will

Hi Kati
Why do some people think they have the right to control others?

Perhaps you could let your mother's partner know that if your mother should not bequest any legacy to you and your siblings, you will certainly start a claim under the Inheritance Act.
Inevitably this will cost the estate many tens of thousands of pounds, and even if you weren't successful, the sanctuary would probably lose more than if your mother's wishes were respected.

[Kati]

Re: Mothers' Will

Perhaps you could let your mother's partner know that if your mother should not bequest any legacy to you and your siblings, you will certainly start a claim under the Inheritance Act.

if he didn't refuse to talk to me I would Des ... this guy was a single (adopted) child and got everything he ever wanted, no questions asked :sad: he now believes we (myself and my siblings) are taking mums attention from him amongst other things.



I have however sent links to mum so she can pass them on xx

[enaid]

Re: Mothers' Will

Just wondering if he has anyhting to leave and who will he leave that too?
As they are not married no will would mean the kids get the lot anyway unless anything is jointly owned,
This being the case I think it's he that should conform and not your mum

Living together

If one partner dies without leaving a will, the surviving partner will not automatically inherit anything unless the couple owned property jointly. As an unmarried couple, you need to make wills if you wish to make sure that the other partner inherits.
If one partner dies without leaving enough in their will for the other to live on, the surviving partner may be able to go to court to claim from the estate.
If you inherit money or property from an unmarried partner, you are not exempt from paying inheritance tax, as married couples are.
For more information about inheritance tax, see Inheritance tax.

[Kati]

Re: Mothers' Will

Just wondering if he has anyhting to leave and who will he leave that too?
As they are not married no will would mean the kids get the lot anyway unless anything is jointly owned,
This being the case I think it's he that should conform and not your mum

He's got no kids and I've been told wants all HIS assets etc... to benefit the sanctuary (which is probably a reason why he wants mum to leave us out of hers). He's a good 9-10yrs younger tho' so is likely to be the one we'll have to deal with when the time comes

He's got his name on the house deeds and owns his own business too - so it's not like he'll be losing out

[enaid]

Re: Mothers' Will

Sounds a right nice chap, not being rude but the age difference which I have no problem with, may be a problem later on. If your mum can't do as much as she does now or becomes ill he will need your support as will she.
Nowt as queer as folk so they say, but I reckon he'll need you before you need him.

[Peridot]

Re: Mothers' Will

Hi Kati,

Sorry not been around, bit of a family crisis going on, so not been on forum. Can see mum's problem and it is difficult, but your mum's will is her business, whatever her partner wants. I wouldn't suggest contesting anything as this would cost the estate thousands and ultimately the sanctuary (and you guys) would lose out. In any event you would be unlikely to succeed in any claim.

Maybe a way to deal would be for her to appoint the solicitor as executor and then let them store the will once it is completed. No-one needs to know any of the content of the will if it is never at home? All she has to do is let partner (or you guys) know who to contact when the time comes and they will then deal. I appreciate this will costs some money (no-where near as much as trying to contest the will mind!), but at least none of you would have to deal with her partner as a co-executor for example, which by the sounds of it could be problematic!

He would have to accept whatever she has bequeathed and if he isn't executor then he wouldn't be able to play silly whatsits about the estate.
I'm not one for advocating keeping secrets or lying to partners generally, but there are incidence when no knowledge may be better. Once the time comes, it's out of his hands completely, if he isn't executor, and it would be harder to create, if a professional is dealing.

Obviously I don't know how mum's relationship is and whether she or it would be strong enough for her to refuse to prepare a will at all and just leave it to intestacy rules! Again not something I would usually advocate but it may focus his mind as under the intestacy rules the children would inherit the whole of her estate.

The other thing to think about and which your mum does not need his 'permission' to do would be to ensure that the tenancy at the property, ie how they jointly own the property is severed. They would be tenants in common then and her share would pass under the intestacy rules also. I can explain this all if needs be, but just another thought if she is strong enough to point out what she could do, if he doesn't back off a bit? She can do this anyway if she wanted, as she doesn't need his permission to do so. Let me know if you want me to explain this more.

Sorry none of this solves the problem and will all depend on how well mum can stick up for herself and what agro it would cause her, but some thoughts on things she could say or do.

Hope it helps, give me a shout if needs be.