Can children contest a will? Contested Wills & Inheritance Act Claims

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What if you are an adult child and have been cut out of a will, can you make a claim?
I look at the position in terms of the state of the law on whether you can actually cut a child (or anyone else) out of a will or whether there is always a danger of a claim, for instance under the Inheritance Act 1975. The parent feel this is justified if, for example, they had helped them out many years earlier, such as buying them a house etc. Or maybe they just wanted to leave everything to the Battersea Dogs Home! The truth is that you cannot fully insulate yourself in your will, even with a letter of wishes, and there is always the danger of an Inheritance Act Claim if the court feels that reasonable financial provision has not been made in the will and the adult child has financial needs.
Links mentioned in the video:
Inheritance videos - • Video
Illot v Mitson - www.supremecourt.uk/cases/uks...

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26 июл 2024

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Комментарии : 22

@grengren2 3 года назад

Great overview thanks.

@RedwoodLegal 3 года назад

Glad it was helpful!

@gregdawson67 3 года назад

If the adult child had assets over £200K would they be avble to claim from and estate they had been excluded from.

@RedwoodLegal 3 года назад

Hi Greg! Please feel to contact us on info@redwoodlegal.co.uk and let us help :) RL Team

@Hayley-hb6vx 3 месяца назад

Hello. Thank you for this very informative video. My father is an extremely wealthy man and i'm his first born. Neither myself or my Mother have ever received a penny of help from him. He went on to have two more children, raised one of his grandchildren and adopted her sibling from another man. All private schooling for them. Private eveything. Horses. Houses galore. Tennis courts, pools. Tens and tens of property. I know being hurt by this doesn't mean a thing in court. Would it not be taken into consideration at all? That fact that he brought me into this world and knowingly left me to grow up in poverty. Leaving me with abandonedment issues. Hurt and psin. Whilst he enjoyed his pools and tennis courts. The best health care. Would the effect of this not be taken into account. His responsibility laughed at, my life laughed at. It should be illegal to bring a child into the world and leave them to live a hard life whilst you have the means to make a change. The living, breathing, feeling human who is only here because of them. He hasnt died yet, i might go before him. I might be left a fortune, you never know. Some people think in extraordinary ways.

@RedwoodLegal 3 месяца назад

In Ilot v Mitson she did not have an outright win, but she did win something - go onto the Supreme Court website via the link in the description box in the video, where there should be a summary of the case. If you are in genuine hardship there may be a possibility under the Inheritance Act, but generally people can do what they like with their will, in this country. That being said, usually lawyers advise them to at least make some small provision, even quite small, and then include a letter of wishes explaining the justification for not leaving much to a particular child. To avoid a challenge under the above act.

@01chittock 9 месяцев назад

I’m going to ask your question about will that had changed 3 times! A house which was left to 3 brothers, and the young brother was still living there when the mother died, but he was still in his 40s, the 2 other brothers let the brother live there for the feast of his life , under the No in certain conditions that he left the house too the 5 children of the said 2 brothers, the brother who lived in the house for his life, never married or had any children. The first will which stood for 24 years was left to the 5 children, this will was made in 1991, then he changed it in 2015 leaving 75% to his other brother who was still a live and 25% to the 2 children of the dead brother, leaving nothing too the other 3 children, then again 2019 he changed it again leaving it all to the 3 children who was left out of the 2015 will. He did a codicil saying that he took the other 2 out as he thought they was rich, which isn’t the situation. We believe that he was manipulated by 1 of the other children, but I must say that the other 2 brothers signed the house over to him, trusting him to do the right thing! We do have all of the documents. Can you give me some ideas on this!

@RedwoodLegal 3 месяца назад

Sorry for missing this post. Although, that being said, this is a very specific factual question ... that would need you to approach us for advise, to be honest. I would get the key documents in order and email hello@courtwingman.com. A welcome email will show you how to put your documents together, so the advice you get is efficient and cost effective. A legal surgery is £150, and we do read documents during the call, using screen share on Skype, for example.

@craiganthonyhill 2 года назад

The 75 act applies to myself My 2 brothers have been mentioned in the will But not myself

@mojangielskiprawnik718 2 года назад

That's odd. What is the reason do you think? Feel free to email if confidential.

@craiganthonyhill 2 года назад

@@mojangielskiprawnik718 pure greed

@Threemore650 2 года назад

We’re you the scapegoat child too?

@leviloveit4101 3 года назад

i need ur dire hellp pon God i swear .. i the climant documented in the wil as whosoever? multilillion dollar grantor non contestable upon verbs from the orginal in hand documented filed will of the decesde

@RedwoodLegal 2 года назад

@dash-7387 3 года назад

how can i find an inheritance

@RedwoodLegal 3 года назад

Unclear about this post, I suggest you give us some more information.

@dash-7387 3 года назад

@@RedwoodLegal if I have been left an inheritance from a family member but I am not yet old enough to claim the inheritance when I am old enough how will I find it and claim the inheritance

@RedwoodLegal 3 года назад

@@dash-7387 We may try and discuss this on our Friday legal surgery, Dash. You should have a trustee of that interest in the inheritance (or executor) and they should be your first port of call when the time comes.

@rezafirouzian339 5 лет назад

an absolute lazy solicitor

@imayjustsay 5 лет назад

Why do you say that, please explain?

@elizabethwoolnough4358 2 года назад

Does bad behaviour by an adult child, including assaulting an elderly parent, affect the outcome of a claim?

@RedwoodLegal 2 года назад

What I will say is people often over-estimate the importance of secondary issues to a simple civil claim for compensation. So I would, say, generally, no. Unless of course the claim is for actual personal injury. Dishonesty is more often relevant - it might not be directly relevant to an issue but if it comes to trial will impact on credibility and who the judge believes, obviously.