Comments on: Wills, appeals and denied inheritance http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/ PRESS CONSULTANT, JOURNALIST, GHOSTWRITER, POLITICAL AND PR BLOGGER. Mon, 13 Feb 2012 11:07:00 +0000 hourly 1 http://wordpress.org/?v= By: Steven_L http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46848 Steven_L Wed, 17 Oct 2007 21:04:44 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46848 "Should a doctor not be present or sign a form stating the person is of sound mind in exceptional cases like this?" (ellee) I don't think all that many doctors care who a paranoid millionaire leaves his fortune to. If he was mentally ill they would probably be more interested in dissecting his brain (or allowing their students to) than his estate. I doubt many GP's would care for politicans insisting that they trapse down to the soliticitors office as and when summoned to do so either. Some sort of standard form as part of the GP's contract would just burden the taxpayer and increase waiting times for appointments. These are things for the barristers to argue over, not the medical profession who probably have much better things to do. Most sons/daughters/wifes/husbands etc contest multi-million £/$ wills. Perhaps his last wish was that they fight over his stash? “Should a doctor not be present or sign a form stating the person is of sound mind in exceptional cases like this?” (ellee)

I don’t think all that many doctors care who a paranoid millionaire leaves his fortune to. If he was mentally ill they would probably be more interested in dissecting his brain (or allowing their students to) than his estate.

I doubt many GP’s would care for politicans insisting that they trapse down to the soliticitors office as and when summoned to do so either. Some sort of standard form as part of the GP’s contract would just burden the taxpayer and increase waiting times for appointments.

These are things for the barristers to argue over, not the medical profession who probably have much better things to do.

Most sons/daughters/wifes/husbands etc contest multi-million £/$ wills.

Perhaps his last wish was that they fight over his stash?

]]> By: Ellee http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46805 Ellee Wed, 17 Oct 2007 08:33:37 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46805 Cookiemonster, You could indeed be considered "delusional" by some to leave some of your money to the Conservative Party. You are right to remind us about the 20 year gap since the son last spoke to his father in this case. Abdi, Your comment was so interesting. I wonder if wills are contested under Islamic law. Cookiemonster, You could indeed be considered “delusional” by some to leave some of your money to the Conservative Party. You are right to remind us about the 20 year gap since the son last spoke to his father in this case.

Abdi, Your comment was so interesting. I wonder if wills are contested under Islamic law.

]]> By: Abdi Ismail http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46757 Abdi Ismail Tue, 16 Oct 2007 16:17:17 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46757 Great discussion. Under Islamic law someone can give part of his wealth as a gifts to who ever he/she wants while alive, but when one dies his estate is shared according to the Sharia. In Sharia most of his estate goes to his wife and children BUT parents also get their share. In Islam, you can not exclude anyone from their inheritance that they entitled under Sharia. So, if you favour someone you have to show it while you are still alive. Great discussion.

Under Islamic law someone can give part of his wealth as a gifts to who ever he/she wants while alive, but when one dies his estate is shared according to the Sharia. In Sharia most of his estate goes to his wife and children BUT parents also get their share.

In Islam, you can not exclude anyone from their inheritance that they entitled under Sharia. So, if you favour someone you have to show it while you are still alive.

]]> By: Cookiemonster http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46747 Cookiemonster Tue, 16 Oct 2007 13:58:51 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46747 What struck me about this case is that after having not spoken to his father in 20years that the son thought the money in the will was his right. I don't know maybe I'm a simple soul but if I have not spoken to a relative for 20years I might not presume that I am mentioned in the will. That said when I had a will done last year I wrote out all my many cousins, as any wealth I have is too small to have any rewarding impact on their lives. I took the view that it's my money after all the tax has been paid and I will do what I like with it. I also left a % to my local Conservative Party. I am starting to worry that this may be a sign of mental illness. What struck me about this case is that after having not spoken to his father in 20years that the son thought the money in the will was his right. I don’t know maybe I’m a simple soul but if I have not spoken to a relative for 20years I might not presume that I am mentioned in the will.

That said when I had a will done last year I wrote out all my many cousins, as any wealth I have is too small to have any rewarding impact on their lives. I took the view that it’s my money after all the tax has been paid and I will do what I like with it. I also left a % to my local Conservative Party. I am starting to worry that this may be a sign of mental illness.

]]> By: Tom Paine http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46745 Tom Paine Tue, 16 Oct 2007 13:36:42 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46745 There is such a way in law. Like all legal tests, it's not perfect and is open to interpretation. As I made clear, it's not the historical test I quoted which dealt with other matters entirely. As for "undeserving", it's an old Chancery lawyers' joke after a will has been thoroughly litigated to say that "there was little left for the beneficiaries to squander." B^) More often than not, families arguing that testators lacked legal capacity are just miffed at their life choices. Consider J Howard Marshall and Anna Nicole Smith. Was he a mad old buffer, or wise enough to know that as he couldn't take his bilions with him, he might as well have some fun with them before he went? Though Ms Smith was not to my personal taste, I am not at all sure - despite the lower court decisions - that there was anything irrational about Mr Marshall's actions. That case still drags on after Anna Nicole's death. Despite the size of the estate, I am sure the attorneys will do their best to ensure there is not too much "for the [undeserving] beneficiaries to squander". There is such a way in law. Like all legal tests, it’s not perfect and is open to interpretation. As I made clear, it’s not the historical test I quoted which dealt with other matters entirely.

As for “undeserving”, it’s an old Chancery lawyers’ joke after a will has been thoroughly litigated to say that “there was little left for the beneficiaries to squander.” B^)

More often than not, families arguing that testators lacked legal capacity are just miffed at their life choices. Consider J Howard Marshall and Anna Nicole Smith. Was he a mad old buffer, or wise enough to know that as he couldn’t take his bilions with him, he might as well have some fun with them before he went? Though Ms Smith was not to my personal taste, I am not at all sure – despite the lower court decisions – that there was anything irrational about Mr Marshall’s actions.

That case still drags on after Anna Nicole’s death. Despite the size of the estate, I am sure the attorneys will do their best to ensure there is not too much “for the [undeserving] beneficiaries to squander”.

]]> By: Ellee http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46729 Ellee Tue, 16 Oct 2007 10:15:14 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46729 Mike, My difficulty with this is that I would like to see vulnerable people protected. On one hand, I feel I should be free to leave my worldly goods to the man on the moon, or a toy boy I may have a mad fling with for five minutes rather than my sons. I feel there should be some measurable way to determine a person's sanity when writing a will, which is why I liked Tom's idea. Mike, My difficulty with this is that I would like to see vulnerable people protected. On one hand, I feel I should be free to leave my worldly goods to the man on the moon, or a toy boy I may have a mad fling with for five minutes rather than my sons. I feel there should be some measurable way to determine a person’s sanity when writing a will, which is why I liked Tom’s idea.

]]> By: Mike Power http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46728 Mike Power Tue, 16 Oct 2007 09:31:15 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46728 Non sequitur alert: <i>...we can discuss the various issues surrounding the case and learn from each others views.</i> Oh right, thanks, now I understand. Sheesh! Non sequitur alert:

…we can discuss the various issues surrounding the case and learn from each others views.

Oh right, thanks, now I understand.

Sheesh!

]]> By: Ellee http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46718 Ellee Tue, 16 Oct 2007 06:54:18 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46718 Mike, "Whether they are ‘underserving’ or not isn’t something a commenter to this blog is in a position to decide." No, but we can discuss the various issues surrounding the case and learn from each others views. Mike,
“Whether they are ‘underserving’ or not isn’t something a commenter to this blog is in a position to decide.”

No, but we can discuss the various issues surrounding the case and learn from each others views.

]]> By: jmb http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46712 jmb Tue, 16 Oct 2007 02:30:00 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46712 I don't think this is as simple as one would like to think. One cynically wonders if the son had been left half and the other half to the CP would he have challenged the will for the rest, saying his father was incompetent. Interestingly enough when my Alzheimer friend that I look after, got to a certain stage his physician wrote to his solicitor and told him that he was no longer capable of changing his old will which the solicitor had been trying to get him to do for years since it was so outdated, mentioning people who had died since. A shame really as he has no heirs and most of it will go to charity but I know he wanted to include more charities and his universities but never got around to changing it before it was too late. I don’t think this is as simple as one would like to think. One cynically wonders if the son had been left half and the other half to the CP would he have challenged the will for the rest, saying his father was incompetent.

Interestingly enough when my Alzheimer friend that I look after, got to a certain stage his physician wrote to his solicitor and told him that he was no longer capable of changing his old will which the solicitor had been trying to get him to do for years since it was so outdated, mentioning people who had died since.

A shame really as he has no heirs and most of it will go to charity but I know he wanted to include more charities and his universities but never got around to changing it before it was too late.

]]> By: Mike Power http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/comment-page-1/#comment-46701 Mike Power Mon, 15 Oct 2007 22:57:03 +0000 http://elleeseymour.com/2007/10/15/wills-appeals-and-denied-inheritance/#comment-46701 <i>However, anyone feeling they had a justifiable claim to my estate is also perfectly entitled to challenge my decision and argue their case.</i> AFTER my death, of course :) However, anyone feeling they had a justifiable claim to my estate is also perfectly entitled to challenge my decision and argue their case. AFTER my death, of course :)

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