I have two daughters, one of whom is very caring and has guaranteed that my wife and I can live with her if we become incapacitated (we are both in our 80s) and the other is an indifferent and ungrateful person, who is unmarried and still alive. with her newest boyfriend.
Over the years I have supported the latter financially at enormous expense. Despite having a university degree, she has never had a steady job and has not been employed at all for decades.
I pay her a monthly allowance of £1,100 and have set up an investment fund in her name which is managed by me to provide for her old age as she has minimal pension provisions.
I plan to disinherit my daughter and my wife completely agrees: lawyer Chris Gilbert of Nalders Solicitors explains how to protect an estate against any future claims
This fund, which amounts to over £250,000, has now been removed from my management because I set it up in her name and she informed the company that I should be denied further access.
She has refused to discuss this with me and is ignoring all calls and emails.
Someone who knows her told me that she has also changed her address (unknown) and all communication has stopped.
She is an ungrateful wretch and I believe she has had more than her fair share of inheritance money in her lifetime.
I now plan to disinherit her completely. Are there any precautions I should take? My wife completely agrees.
Tanya Jefferies from This is Money replies: I’m sorry to hear about this division in your family.
We have asked a lawyer who has experience in supervising the writing of wills where there is a risk of a claim being made against an estate, to give his view on your situation.
He provides valuable advice on how to ensure that any future legal challenges to you and your wife’s wish to disinherit your daughter are unlikely to succeed.
Chris Gilbert, wills and probate partner at Nalders Solicitors, replies: It is important to remember that nothing can be done to prevent a child from trying to make a claim against your estate.
Their version of the truth is often very different from yours. That said, there are some steps that can be taken to maximize the chances of your wishes being honored.
There are a number of common actions that are often ‘led’ by disappointed beneficiaries.
From personal experience, some of these arguments are deployed in the hope that something will come to light that can be exploited to reach a financial settlement. They are:
Chris Gilbert: Withdrawing your daughter’s allowance would reduce her overall dependence on you and weaken any claim to your estate
– Lack of testamentary capacity;
– Undue influence;
– Proprietary estoppel: This relates to representations, promises and assurances regarding inheritance that may have been made by a testator to a beneficiary, which they have subsequently relied on to their detriment;
– Lack of proper execution: if a will does not comply with certain formalities, it will not be admitted to the estate, except under certain circumstances;
– Lack of knowledge and approval: Before a will is admitted to probate, the court must be satisfied that the testator was aware of and approved of its contents at the time he executed the will;
– A claim under the Inheritance (Provision for Family and Dependants) Act 1975: This allows certain people to apply for reasonable provision from an estate.
There are a number of other actions, but I have mentioned the most important ones. You may consider taking the following precautions.
1. I note that you have supported your daughter at enormous expense to yourself, crucially paying her a monthly allowance.
You may consider withdrawing this to reduce her overall dependence on you. This would somewhat weaken any claim she might wish to make under the Inheritance Act 1975.
Explain to your daughter that you are eliminating monthly payments and that you will make no further provision for her in your will, and the reasons for this.
Keep copies of any written communications so that she cannot claim that you promised her a share of the estate upon your death and that you have now fulfilled that promise.
You should make every effort to convey this information to her, even if she does not answer your calls.
2. Given your age, there is also a significant risk that if you and your wife make changes to your will, your testamentary capacity will be called into question.
When you visit a lawyer, you should ask them for a contemporaneous report from a suitably qualified medical professional, which you can submit with your will and confirm your ability to make these changes.
You may also consider having this person serve as one of the witnesses to the New Testament.
3. If you do make these changes, ensure that other family members who may benefit from leaving your daughter out of the will do not bring you to or attend the meeting.
If you need someone to drive you to an appointment, ask if he or she can stay in the car. This should quell any argument that you have been unduly influenced.
4. Make sure you consult a suitably qualified attorney to make these changes. This will help with all of the above and any arguments regarding the proper execution of the will/lack of knowledge or approval.
5. Finally, you will need to write handwritten letters to attach to your will confirming why you made these changes.
This will serve as useful contemporaneous evidence and will also assist in any argument regarding your alleged lack of capacity.
Submitting a copy of this question and my response to your will would also be useful evidence in itself.