A little conundrum... (123)
jac379: Is it fair to accept this? Given his drinking, pain and distress, did he make this decision with a clear mind? If his wife were to contest the will, would you fight it? Would you go to her and say this estate is rightfully yours?
I would certainly get legal advice. Ultimately, most well designed wills will 'speak from the grave': nothing will be ambiguous, the deceased wishes will be very clear.
Ideally, this man's will would have explained specifically whether any money would be given to the wife, or ex-wife as the case may be. If they had children I would be espec concerned about the bulk of his estate going to me. Again, the issue here is respecting the wishes of the deceased versus what exactly is in the will.
If the will expressly excludes immediate family, there is not a lot the courts can do. They can only try to decipher what the deceased intended at the time.
If I were in this scenario and the wife fought it I'd understand completely. I would get legal advice though, to understand exactly what the deceased wanted and why. Finally it might be easy to negotiate a payment to her rather than battle in the courts.
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i say everything happens for a reason Jac..
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bestbefore: As someone pointed out he would have to be of sound mind and judgement to make his will assuming it was done through a Solicitor. Even if the will is contested and a caveat is lodged to prevent probate,it's doubtful the injured party can prevent it going through, if the benificiary chooses to accept this gift.
It's very sad when people make personal choices and they are not carried out in my opinion.
It's very sad when people make personal choices and they are not carried out in my opinion.
I agree 100%. I believe strongly that the wishes of the deceased should be honoured. It's their money.
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invinciblemuse: S/he rejects the inheritance. It´s a simple matter of filling in a form and signing it.
That's good to know, she's not in a position to take on debt! That would be disasterous for her.
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barrel2: who would want anything for kindness
Not the protagonist - another bit of information that I do know, is that she made it quite difficult for the chap concerned to find out her details in order to make her a benificiary.
I can see another side of the dilema, though. This may make a big difference to her life and the lives of her children - maybe she should want for them? Scout mentioned the money going to charity earlier on - maybe this was his act of charity. Maybe she should accept for the benefit of her children. Maybe that's what the fella wanted, that the money would go towards their education, rather than his ex-wife having holidays.
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jac379: Not the protagonist - another bit of information that I do know, is that she made it quite difficult for the chap concerned to find out her details in order to make her a benificiary.
I can see another side of the dilema, though. This may make a big difference to her life and the lives of her children - maybe she should want for them? Scout mentioned the money going to charity earlier on - maybe this was his act of charity. Maybe she should accept for the benefit of her children. Maybe that's what the fella wanted, that the money would go towards their education, rather than his ex-wife having holidays.
I can see another side of the dilema, though. This may make a big difference to her life and the lives of her children - maybe she should want for them? Scout mentioned the money going to charity earlier on - maybe this was his act of charity. Maybe she should accept for the benefit of her children. Maybe that's what the fella wanted, that the money would go towards their education, rather than his ex-wife having holidays.
Well of course!!! Why is there any guilt attached to this?? I really don´t understand it. Sometimes good thing happen to good people - why should they feel bad for accepting it???
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chris27292729: Volunteraly disclosed to you,that he is going to nominate you benefisiary of his estate.-His drinking,pain and distress did not influence his decision,i think he decided to give his estate, to the one ,who stood by him in his hour of need. If his wife comes along contesting the will,2 thing you can do,either fight it in court,which is costly,or compromise with his wife,and share it.
The protagonist is not in a position to fight, I think, either financially, or practically. I think she has her work cut out keeping a roof over her head and food in her kid's bellies.
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bestbefore: Hi Jac,hope all is well at home.
As you and others have stated a problem indeed.
It would appear to be a matter of conscience on the part of the person named in the Will.As we are not aquainted with ALL the facts it is difficult to make any form of judgement.
The fact that the deceased liked a tipple for whatever reason has no bearing on this in my opinion. People have choices in life and he made that choice to "reward" a kind soul for their caring attitude towards himself in the last period of his life.
This could have been a second marriage, or an unhappy one for him,as no-one knows just what goes on behind closed doors.
As someone pointed out he would have to be of sound mind and judgement to make his will assuming it was done through a Solicitor. Even if the will is contested and a caveat is lodged to prevent probate,it's doubtful the injured party can prevent it going through, if the benificiary chooses to accept this gift.
It's very sad when people make personal choices and they are not carried out in my opinion.
As you and others have stated a problem indeed.
It would appear to be a matter of conscience on the part of the person named in the Will.As we are not aquainted with ALL the facts it is difficult to make any form of judgement.
The fact that the deceased liked a tipple for whatever reason has no bearing on this in my opinion. People have choices in life and he made that choice to "reward" a kind soul for their caring attitude towards himself in the last period of his life.
This could have been a second marriage, or an unhappy one for him,as no-one knows just what goes on behind closed doors.
As someone pointed out he would have to be of sound mind and judgement to make his will assuming it was done through a Solicitor. Even if the will is contested and a caveat is lodged to prevent probate,it's doubtful the injured party can prevent it going through, if the benificiary chooses to accept this gift.
It's very sad when people make personal choices and they are not carried out in my opinion.
What if he was drinking a bottle of spirits a day? Would he still be considered sound of mind? What if the decision was made in rage, as well?
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cherrybrandy: i say everything happens for a reason Jac..
Yes, I'm inclined to agree with you, except when you see people suffering hardship.
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jac379: What if he was drinking a bottle of spirits a day? Would he still be considered sound of mind? What if the decision was made in rage, as well?
If the will was made in conjunction with a solicitor the solicitor would establish his intent before the will was finalised.
He would have to explain his decision and expressly exclude anyone he didn't want to have money, otherwise it follows a family line - spouse - kids - brother and sisters - half brothers and sisters - step brothers and sisters - their children, and so on.
If he wanted to leave everything to someone else entirely, there are a lot of things that have to be worded in the will to do that. If he was able to convince a solicitor that that was what he wanted then most courts wouldn't tamper with the deceased wishes.
It's not about whether the will is fair. It's about whether the will stands up to legal scrutiny.
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invinciblemuse: Well of course!!! Why is there any guilt attached to this?? I really don´t understand it. Sometimes good thing happen to good people - why should they feel bad for accepting it???
Again, I agree with you, but can see the other side of the story from the wife's perspective...and so can the protagonist.
I'm only guessing that the wife is financially ok, assuming she had half the assets upon seperation. That might not be the case.
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Littlebuck: If your wee wee is little to be safe you must wear a ittle conundrum. be safe!
I don't think the protagonist has a wee wee.
But then again, I don't know her that well...
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jac379: What if he was drinking a bottle of spirits a day? Would he still be considered sound of mind? What if the decision was made in rage, as well?
In vino veritas - he did exactly what he wanted to do at this point in his life. The specific reasons are not important, just the outcome.
As with any decision, there will always be someone to disagree or to think it´s unfair. But the legal side it pretty clear, I think, and moral issues don´t have to come into this at all.
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jac379: Good.
Are you filthy, stinking rich?
I can be as filthy as you want! Are you filthy, stinking rich?
As for the rest,you will have to wait until i peg it!
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Therefore allowed the wife,if it comes along,to do the necessary legal papers on her own expences and give up the inheritance.
jac379: The protagonist is not in a position to fight, I think, either financially, or practically. I think she has her work cut out keeping a roof over her head and food in her kid's bellies.
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invinciblemuse: In vino veritas - he did exactly what he wanted to do at this point in his life. The specific reasons are not important, just the outcome.
As with any decision, there will always be someone to disagree or to think it´s unfair. But the legal side it pretty clear, I think, and moral issues don´t have to come into this at all.
As with any decision, there will always be someone to disagree or to think it´s unfair. But the legal side it pretty clear, I think, and moral issues don´t have to come into this at all.
Moral issues don't have to come into it, but maybe they should.
A lot has been said on this thread about respecting someone's last wishes.
What if someones last wishes was that all Welshies should have marrow-balls stuffed up their jacksies and then drowned in lava bread? (
)I mean what if someone's last wishes are morally wrong, or nasty?
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time4fun4u: I can be as filthy as you want! As for the rest,you will have to wait until i peg it!
Oh, be'ave, mun!
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jac379: Oh, be'ave, mun!
I cant! 
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As you and others have stated a problem indeed.
It would appear to be a matter of conscience on the part of the person named in the Will.As we are not aquainted with ALL the facts it is difficult to make any form of judgement.
The fact that the deceased liked a tipple for whatever reason has no bearing on this in my opinion. People have choices in life and he made that choice to "reward" a kind soul for their caring attitude towards himself in the last period of his life.
This could have been a second marriage, or an unhappy one for him,as no-one knows just what goes on behind closed doors.
As someone pointed out he would have to be of sound mind and judgement to make his will assuming it was done through a Solicitor. Even if the will is contested and a caveat is lodged to prevent probate,it's doubtful the injured party can prevent it going through, if the benificiary chooses to accept this gift.
It's very sad when people make personal choices and they are not carried out in my opinion.