Die Mutter von zwei Kindern hinterließ nichts in ihrem abwesenden Millionär. Das Testament ihres Vaters fordert die Auszahlung der Stiefmutter vor Gericht
https://www.independent.co.uk/news/uk/home-news/emma-mcdaniel-mark-talbot-thatcham-b2876989.html
Von tylerthe-theatre
10 Kommentare
Surely you can leave your money to whomever you want to, no?
Does the daughter legally have a right to it if the Father didn’t will it to her?
What do you expect from a benefit scrounger… always after someone else’s money.
I speculate that the father was giving the mother money to support her disableds, opening the will for challenge under the reason that she had ‚financial independence‘ on him.
I have never understood this idea that somebody can go through life thinking they are owed an inheritance.
My father left all his money to my stepmother, I’m not sure how much it was but he had a Coutts bank account. Some of my sisters wanted to contest it but my stepmother freaked out so much they decided not to. Apparently there was a large trust fund for me and my sisters but my stepmother has sole control of it and we don’t see a penny. Apparently she is planning to leave most of it jointly to her son and the RSPB. Old bag will probably outlive us too.
This is an interesting case, the will was written in 2014 and he specifically says the reason he left her out was because he didn’t know her and hadn’t seen her in 20 years. Since then he developed a close relationship with her but clearly hadn’t had a chance to change his will before he died unexpectedly. Given the facts specified in the will have changed in a way that is obviously relevant I would assume the will could be challenged?
Sometimes life is not a walk in the park and can get complicated, but jeez…
>I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them
The original idea behind this law was that the state should not be funding someones financial maintenance if there is a deceased estate it could be paid from. Usually they link it to a moral obligation the deceased owed someone for reasonable financial provision. The category of claimant matters and their current financial circumstances.
You can stop a will in the UK very quickly. You go to the probate office (not every town has one). You Lodge a caveat and contest the will.
Side note. The probate office is the fastest branch of government IMO. If you get there before 10am the will can be stopped that day. They are fast.
The probate office will ask you why you want to stop the execution of the will. You tell them why – has to fit specific reasons.
That stops execution of the will for 6 months, at which time you can file for an extension for another six months. This gives you time to collect evidence and build a case.
NAL obviously but I’ve been through this process.
After the will has been stopped you can then enter into legal shit with the other beneficiaries.
You can then change the will of the dead person via a Deed of Variation. Meaning you can change the will to anything the beneficiaries have agreed to.
Again. NAL. But I’ve been through this process after „family difficulties“ with a „manipulative greedy sibling“.
That day I learned – not only can you stop a will, it can be changed. But obviously you have to have just cause.
Interesting facts. She has an uphill battle to climb in challenging the will, especially considering that he left out his kids from the 2nd marriage.
However, the will terms stated that he wasn’t leaving her anything because he basically hadn’t seen her in 20 years and had no relationship with her. Several years later, he establishes a relationship. It’s a stretch of an argument but I wonder if her lawyers are arguing that her disinheritance was conditioned on the zero contact, which was no longer the case during his death? But even then, what would be the value of her inheritance?
Surely an argument on traditional grounds of duress, fraud or incapacity can’t be at play here?
Any way to publicly access the court filings?