Clause In A Will?

[Pringle67]

Hi I have a strange situation that I'm hoping someone can help me with. My step sister's biological father died recently, she contested the will as in the will it stated that he bequeathed his asserts to his children, as his name is on her birth certificate she has a claim and it looks like she will be entitled to a share of his estates.
Is there a clause or a caveat that could prevent a legitimate child from claiming a share of the will? My sister is pleased that she will be getting a pay out however our mother will want a share of the money, my sister needs a reason to tell her as to why she isn't getting a payout! Crazy I know, my mum is quite wealthy and my sister not so wealthy however this wouldn't stop my mother from expecting a share. All hell would break loose!! Thanks in advance hopefully someone can help :)

[woofgang]

If it was me I would let all hell break out...everyone needs to understand and respect the word "no" mother or not.

[FredPuli43]

The testator can dispose of his property how he wishes. He can specify which of his children are to inherit and which are not. This will should have been better drafted if the father did not want this step-sister to inherit. Prima facie he did want her to inherit; that's what the will says. However, parties who are classed as dependents of the deceased may have a lawful claim if the will does not provide for them at all or the provision is not adequate

[woofgang]

Fred I think the OP is asking how his step sis can avoid an almighty shindig with their mother by finding a believable reason to tell Mum why she (step sis) didn't get anything out of the will even though in reality she did....
confused?????

[Pringle67]

Yeah that's exactly it Wolfgang, my mothers a crafty witch who will no doubt look into the reason my sister gives so we were looking for a plausible reason. I agree she should just be told no but my sister hates confrontation and would rather be sneaky and avoid all out warfare!! Thanks :)

[coccinelle]

I presume you're half sisters as you both have the same Mum? So your Mum had a relationship with the deceased and your sister was born from that relationship? Your Mum doesn't need to know what's going on and if she asks can't your sister say she's putting the money away for her children?

[Barmaid]

Very simply this - your step sister is entitled as a "child" of the deceased, her mother has no such entitlement. It was in the Will that the "children" would inherit. Former partners are not mentioned.

I assume your step sister was never formally adopted by anyone else?

[tamborine]

How about losing it to inheritance tax

[Pringle67]

Yes she's my half sister we have the same mum. My mum seems to think that as she brought my sister up without any help from her father that she should be recompensed for this! She will be expecting something out of this. My sister is a single parent who works and gets tax credits she really doesn't have any spare money. My mother is a piece of work and will not care. I totally understand everyone's point of view that just tell her no, I think it's hard when it not your own mother and you dont know how she ticks. I was looking on her behalf so that there would be no come back from my mum and my sister could enjoy what's rightfully hers without upsetting my mother and causing a drama or giving in to her and giving her a share when she's more than enough money in her own bank account!

[Barmaid]

Just tell her that she is not entitled to it. If she wants to make her own claim on the estate let her (but she will undoubtedly fail).

[coccinelle]

I don't know how much she'll be inheriting but if she's a single parent she'll need that money as nobody knows what's round the corner. On top of that not having her father around won't have been easy neither. She could state this to your mother. She could always buy something that your Mum would appreciate as a gesture and say the rest is going the bank for rainy days.

[arwyn]

Tell your mother that she got a lot less than the real amount and give her some of that. Would that work? Also your sister needs to hide it from the Tax credits (goverment).

[Pringle67]

The only excuse I could come up with was to say that all though my sisters father had a lot of money and property he was in a lot of debt and by the time the debts and legal fees are paid she would get next to nothing anyway. I'm thinking that that's maybe the best way to go and as coccinele says buy her a gift to soften the blow. Thanks for all your input, I didn't know of there was maybe a get out clause she could have used. Ahhh family's eh!! Thanks again :)

[Pringle67]

Thanks arwyn I didn't even think of that, will let her know :)

[lcg]

just tell your mother to bugger off and mind her own. had to do the same to mine and my aunt when my grandmother died - they seemed to want my share of the inheritance (as well as their own) for some reason. situations like this just prove how foul people are.

[lcg]

i wouldn't hide any money she gets - your mother might grass her up. it's best to be honest....and lets face it - you should be if you expect things like tax credits.

[DJHawkes]

exactly the point, if she inherits she'll not qualify for benefits which means she'll need to make it last. There is no reason to tell anyone how much the bequest is and unless your mum knows that she can get a copy of the will as it is a public record, she'll be none the wiser.

[Pringle67]

Thanks lcg and DJ hawkes, this isn't the first time there has been trouble in the family with wills and money, it is ridiculous that when you should be sticking together because somebody has died people are more concerned with who's getting what. Hopefully it won't turn into world war three but I'm not holding my breath!!

[themas]

1. If you pretend the estate was a lot smaller than it actually was, your mother can easily find out this was not true. Once probate has been granted the will (including a figure showing the estate value) is a public document & can be obtained on payment of £6.

2. If your sister's only means tested benefits are tax credits the inheritance will not result in her losing them. The only thing that will happen is that if she invests the money & gets more than £300 per year interest or dividends from it her tax credit entitlement will reduce. This rule is quite different from other benefits, where the inheritance will reduce or eliminate the amount.