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Legal, pensions and money

INHERITANCE landmark ruling in favour of Carer/Daughter

(11 Posts)
Bea65 Mon 04-Mar-24 12:12:31

This case is about challenging a Will where the main carer for "mom" was her daughter who cared for her in her later years for 7 years ..but the 3 brothers state that their sister was influencing their 'mom' ..2 trials have taken place but there was some irregularities...the Judges have found in the favour of the daughter ..I was in a similar position with my 3 siblings 2 of whom didn't physically care but Mum split her estate 4 ways.. what do GNs think?

keepingquiet Mon 04-Mar-24 12:17:05

I don't think anyone has any 'right' to inherited wealth, regardless of what they may or may not have done.
There is more family discord over the matter of wills and estates than anything else.
I think if people have money to leave it should be up to them who gets it and no one else's business. Just my take.

Cossy Mon 04-Mar-24 12:21:32

I’d always always split it equally whatever the circumstances. In terms of others wills, I think we should respect their wishes.

Smileless2012 Mon 04-Mar-24 12:26:25

Did the will leave everything to the D Bea? I agree Cossy that the wishes of the deceased should be respected.

greenlady102 Mon 04-Mar-24 12:27:25

I am not sure its a landmark ruling. There has been case law on "promise, reliance and detriment" and undue influence for some time.

Germanshepherdsmum Mon 04-Mar-24 13:31:07

I think this is what you’re talking about
www.dailymail.co.uk/news/article-7511411/Daughter-cared-elderly-mother-sibling-entitled-house-court-rules.html
There’s nothing ‘landmark’ about it.

Witzend Mon 04-Mar-24 13:55:00

Having read a full article about it, I gather that the deceased woman had every reason to disinherit her sons, and had made those reasons perfectly plain in her will.

As so often happens, the daughter was her sole carer for several years and the sons did virtually nothing.

The ‘invisibles’, as such people were so aptly called on the Alzh. Soc. forum I visited for years, for carers of people with dementia.

Thoro Mon 04-Mar-24 14:30:57

I've just updated my Will after the death of my second husband. I had some very good advice/answers from a time I posted on Gransnet last year.
My youngest child gets an extra amount and his children also are left an amount. (Only one with children) Anything else is split equally between my three children. (Youngest lives locally and will be responsible for clearing the house when I'm gone (or sorting me out if I need care etc!)
I told all three children what I was doing and sent them copies of the draft will to make sure they were all happy with it. I know I didn't have to do that but would rather have any objections heard when I could do something about them rather than them falling out when I'm gone. Sign the will on Wednesday! All kids were in agreement.

Bea65 Mon 04-Mar-24 14:37:32

Witzend yes have read this article and it seems the majority of women give up their jobs/reduce hours to their detriment in pension payments etc whereas men still continue in their careers and IMO it’s still expected the woman/women do caring duties - maybe it’s inherent in our make up and feel more dedication/respect to help our elders

Bea65 Mon 04-Mar-24 14:39:42

Thoro very organised.. hope all remains well for you on Wednesday 😊

Nanatoone Mon 04-Mar-24 16:21:15

I’ve a young male friend going through this at the moment. He lived with his mum and dad (he’s 36) who fostered rather than go to work outside the home. The father is an alcoholic. The mother has recently died from cancer. She was very worried that her husband would sell the house from under their son and her remaining foster daughter (she’s 26 so not a child as such). She left her half of the house to her son. The other kids who are well off and have done nothing to help their mother are now bitterly complaining and along with the drunken father, trying to take the son to court to get the will changed. He said, I don’t care if it costs me £50k as I’ll get 50k out of it. He wants to sell the house so that he can drink himself to death. The mother was of sound mind when she changed her will so we will see what happens.