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Estranged daughter omitted from a Will

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  • Estranged daughter omitted from a Will

    “My estranged daughter has been omitted from my will: this decision was intentional, made after deep and thoughtful consideration. She has been estranged for over a decade and is not financially dependent on me.”

    I have self prepared my will: it is a simple and straightforward one, apart from the above clause.
    Do you think this clause is watertight, should
    my will be challenged ?
    Thank you for any help.
    Tags: None

  • #2
    No one can ever promise that this will be 'watertight'. It does, however, clearly state your reasons. I suggest that you state clearly the name of the daughter in question, to eliminate doubt, even if you have only one daughter.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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    • #3
      Thank you for your thoughtful response: much appreciated.

      Comment


      • #4
        It may be worth the price of having a professionally prepared will. If you were to make a mistake in the drafting or execution such that the home prepared will was invalid your daughter would benefit in an intestacy situation.

        Comment


        • #5
          Interesting advice…. Thank you.

          Comment


          • #6
            As Toros says, a professionally prepared will may be the way to go. You could add a "Letter of Wishes", explaining why you have omitted your daughter. This could carry weight if she were to contest your will with an Inheritance claim that she was not provided for.

            Comment


            • #7
              Bear in mind that explanations about the reasons for the estrangement will eventually become public if written in your Will (Wills are publicly available after probate) but what you write in a separate Letter of Wishes does not.
              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment

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