Author Topic: Everyone should make a will  (Read 5118 times)

Offline juju9999uk

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Everyone should make a will
« on: Friday 28 September 07 02:05 BST (UK) »
Hi All,
A father died this year, and he didn't leave a will. His first marriage ended in divorce and the first son was adopted by his ex wife and new husband. It turns out that the first son who was adopted doesn't have a claim to his estate because he was adopted and because of no will.
The second son is illegitimate and has his fathers name on the birth cert and a maintenance order was made against him. Though they didn't have contact with each other the second son takes over the estate.
Just little unfair on the Eldest son don't you think!
Regards
Juju
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Offline daval57

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Re: Everyone should make a will
« Reply #1 on: Friday 28 September 07 03:07 BST (UK) »
Law is a sh*t.  I hope this is not edited because of that mild curse.
Scottish law may be different to your situation Juju but I can totally relate to what you are saying.
Having said that, are you talking hypothetically???  ... I'm not rising to the bait unless you have specifics.
Dave
 
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Offline Guy Etchells

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Re: Everyone should make a will
« Reply #2 on: Friday 28 September 07 06:42 BST (UK) »
No in such a case the law is very fair.
The eldest son has been adopted therefore has a mother and father
The second son (due to the death) now only has a mother.

Cheers
Guy
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Offline Indaloman

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Re: Everyone should make a will
« Reply #3 on: Friday 28 September 07 09:17 BST (UK) »
The law is quite clear, my son adopted his wife's children and had to make a Will as under English law unless you name an adopted child in the Will that child has no claim on the estate. Whether you agree with the law or not Make a Will its cheap enough these days
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Offline LizzieW

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Re: Everyone should make a will
« Reply #4 on: Friday 28 September 07 09:29 BST (UK) »
Mojaquero

Are you saying that unless my husband and I make a will, the son we adopted when he was a baby will have no claim on the estate, whilst the ones born to us will?

Liz

Offline pompeyboy

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Re: Everyone should make a will
« Reply #5 on: Friday 28 September 07 09:39 BST (UK) »
When myself and my partner made a will she had to state on hers that she wanted our daughter to go into the care of me if she died first,because we are not married,even though i'm her father i wouldn't neccessarily get custody of my daughter ??? ???

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Offline toni*

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Re: Everyone should make a will
« Reply #6 on: Friday 28 September 07 09:51 BST (UK) »
if everyone made a will it would make searching for ancestors so much easier!

i had a pack through to make a will after my grandfathers death in 2004 but i never completed it but i am aware that if i died my children would not necessarily live with my partner, their father

my grandfather died intestate so my nan had to wait i think 6 months until she could gain access to his bank accounts etc. i believe this was in case anyone else made claim to his estate luckily no-one did otherwise she would have had to wait a lot longer, and cos she gets his railway pension she can no longer get pension credit.

the law is an ass!

my other nan made a will and so when she died everything was duly distrubuted as per her instructions. its makes things so much easier for the relatives that are mourning after the death.

Liz as you have adopted the child legally then he does have a claim on your estate when you die, but he won't have claim to his biological (sound slike washing powder) parents estate when they die.

Juju if the eldest child did not have contact with the biological (washing powder again) father than it is not unfair and as Guy put it he has an adopted father and a mother and so the law sees it as he does not need anyting from the washing powder fathers estate whereas the other child does now having only one parent. morally the second child should give the first child something but that is entirely up to him.

the thing that gets me regarding children in law is if you are a single parent and you want your new partner to act as parent to the child you have to give up the claim as being 'natural' parent and subsequently adopt that child together. unles of course you and your new partner marry then you can simply re-register them at the time of the wedding under the new surname.


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Offline mike175

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Re: Everyone should make a will
« Reply #7 on: Friday 28 September 07 10:13 BST (UK) »
If everyone made a will . . . and if everyone married before having children . . . these situations would hardly ever arise. Wills and marriages are basically just legal contracts, however they are 'dressed up' . . . they make everything so much simpler for our descendants.  Of course it'll never happen  ;D

Having said that, one of my ancestors made a perfectly good will, and the legal profession still managed to screw things up so it took many years to wind up the estate . . . but then, they do charge by the hour . . . and that particular solicitor eventually got struck off . . .  ::)
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Offline Siamese Girl

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Re: Everyone should make a will
« Reply #8 on: Friday 28 September 07 11:11 BST (UK) »
My mother-in-law refused to make a will because she thought it was "tempting fate" then died very suddenly in her 60s - it would have be so much easier if she had made one ...

Carole
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