Judge overturns Mother's will

The mother had requested in her last will and testament, that her estate be left to animal charities, and that nothing be left to her daughter.

Was the judge right to overturn this mother's will?

http://www.itv.com/news/2015-07-28/judge-rules-mothers-will-can-be-overturned-despite-it-going-against-her-wishes/

No s/he wasn't. Complete overstep of responsibilities here. The deceased made up her mind for a reason and it is ridiculous that the estranged daughter could have that turned over.

This also opens up a bearpit of further consequences.

This is difficult...........

On one hand I'm thinking if the will was made whilst of sound mind and under no duress, what is the point of a will if it can be altered ?

On the other hand, by granting the daughter a share of the will, the daughter will have come off benefits ................

I don't know.

It's not difficult for me.

The judge was totally wrong to overturn a dead persons wishes. The deceased had her reasons for her choices and they should be respected if she was of sound mind when she wrote it.

What is the point of making a Will with your wishes put down in black and white for someone to change it ?

This is difficult...........

On the other hand, by granting the daughter a share of the will, the daughter will have come off benefits ................

... And therefore save the tax payer thousands on housing benefit because the daughter can now afford to buy her HA home which her husband and 5 grandchildren can live in.

---------- Post added 28-07-2015 at 12:07 ----------

It's not difficult for me.

The judge was totally wrong to overturn a dead persons wishes. The deceased had her reasons for her choices and they should be respected if she was of sound mind when she wrote it.

What is the point of making a Will with your wishes put down in black and white for someone to change it ?

I believe in France, parents must leave at least 10% of their estate to their children.

Parents bring their children into this world, is it too much to ask parents to help take the burden off the state in situations like this?

... And therefore save the tax payer thousands on housing benefit because the daughter can now afford to buy her HA home which her husband and 5 grandchildren can live in.

 

---------- Post added 28-07-2015 at 12:07 ----------

 

 

I believe in France, parents must leave at least 10% of their estate to their children.

 

Parents bring their children into this world, is it too much to ask parents to help take the burden off the state in situations like this?

Without knowing the full story how can we make judgements.

The daughter had been written out of the Will for a reason - whatever that reason was. Maybe the daughter had nothing to do with her Mother while she was alive and now she is dead the vultures are circling.

To go against a persons wishes after death is just wrong imo.

... And therefore save the tax payer thousands on housing benefit because the daughter can now afford to buy her HA home which her husband and 5 grandchildren can live in.

Or will she blow it all away inside 12 months before being back on benefits?

Place your bets

Judges ruled in her favour after deciding the mother-of-five's income was "not reasonable" for her maintenance and future, as she was on benefits and had no pension.

Moral of the story: if you have decided to disinherit your kid(s), make sure you blow it all away before your time is up. Feel free to ask Lord Sewel for pro tips about how to do that in style.

Apparently, if the mother gave a good reason as to why the daughter wasn't in the will and show a connection between them and the organisations that they were donating to, then the will couldn't have been overturned. So it is possible to disinherit your children!

Apparently, if the mother gave a good reason as to why the daughter wasn't in the will and show a connection between them and the organisations that they were donating to, then the will couldn't have been overturned.

Thanks for that info.

Well worth remembering if you are planning to write a Will in the near future.

The judge said the mother had been "unreasonable, capricious and harsh" when she disinherited her daughter for eloping when she was 17.

So what? What right does a judge have to put aside a will just because of a person's character? It was the mother's money so she can be as unreasonable, capricious and harsh as she wants.

(Hope my Mum's not reading this......love you Mum xxx)

No s/he wasn't. Complete overstep of responsibilities here. The deceased made up her mind for a reason and it is ridiculous that the estranged daughter could have that turned over.

 

This also opens up a bearpit of further consequences.

Although there was a basis in law for the decision. The daughter is broke and the law has a clause about "reasonable provision" being made for children, despite the wishes expressed in the will.

---------- Post added 28-07-2015 at 12:38 ----------

This is difficult...........

On one hand I'm thinking if the will was made whilst of sound mind and under no duress, what is the point of a will if it can be altered ?

 

On the other hand, by granting the daughter a share of the will, the daughter will have come off benefits ................

 

I don't know.

The judge has deliberately set the amount to be given such that it won't reduce her benefits entitlement (according to the telegraph).

---------- Post added 28-07-2015 at 12:39 ----------

Without knowing the full story how can we make judgements.

The daughter had been written out of the Will for a reason - whatever that reason was. Maybe the daughter had nothing to do with her Mother while she was alive and now she is dead the vultures are circling.

To go against a persons wishes after death is just wrong imo.

Some of the details of the breakdown of the relationship are in the news. So I expect that the court has heard a lot more of the detail.

---------- Post added 28-07-2015 at 12:40 ----------

The judge said the mother had been "unreasonable, capricious and harsh" when she disinherited her daughter for eloping when she was 17.

 

So what? What right does a judge have to put aside a will just because of a person's character? It was the mother's money so she can be as unreasonable, capricious and harsh as she wants.

 

 

(Hope my Mum's not reading this......love you Mum xxx)

The answer to "so what" is that the law has a clause about making reasonable provision for offspring.

Apparently, if the mother gave a good reason as to why the daughter wasn't in the will and show a connection between them and the organisations that they were donating to, then the will couldn't have been overturned. So it is possible to disinherit your children!

Which probably makes it a good decision, since it raises confidence that the will was done with sound mind etc.

It makes it more difficult for an unscrupulous person/organisation to manipulate somebody.

Rather than making a will not just a case of "I'm leaving my estate to Y & Z" but "I'm leaving my estate to Y & Z but not A & B", where A & B are the children, seems like a good idea.