Author Topic: Left out of the Will?  (Read 11096 times)

Offline Sasha

  • RootsChat Veteran
  • *****
  • Posts: 612
    • View Profile
Re: Left out of the Will?
« Reply #18 on: Thursday 12 August 04 09:32 BST (UK) »
What a facinating will, Nell.  It really gives an insight into the character of the person making it.  Don't you just love the way she covered all her bases in the terminology "with him, or any such as he is"

I wasn't sure that I had found the correct marriage for my 4xGt-Grandparents as she was much younger than her husband until I found his will.  He leaves some land to his eldest two sons and then everything else to his wife for the duration of her natural life or until she marries again, at which point it all goes to their children.  This is stressed again and again and reads very much like an older husband worried that his much younger wife will remarry and pass his wealth on to a new family.  (She never did remarry - whether this was from choice or because she didn't want to lose her inheritance from him I would love to know).

Sasha.

Offline Boongie Pam

  • RootsChat Honorary
  • RootsChat Aristocrat
  • *******
  • Posts: 2,548
  • Pa is Scottish, Ma is Welsh, Nose is Roamin'
    • View Profile
Re: Left out of the Will?
« Reply #19 on: Thursday 12 August 04 14:54 BST (UK) »
Sasha,

I have the exact same clause peppered through a will on my tree.

The wife wasn't allowed to even look at another man, never mind marry.  The clause was that if the trustees thought she was acting in a manner "unbecoming" to his memory and their children they could cut her off without a penny.

I hope he left enough cash!

Pam
 ;D
UK Census info. Crown Copyright, from www.nationalarchives.gov.uk
~~~~~~~~~~~

Dumfrieshire: Fallen, Fallon, Carruthers, Scott, Farish, Aitchison, Green, Ryecroft, Thomson, Stewart
Midlothian: Linn/d, Aitken, Martin
North Wales: Robins(on), Hughes, Parry, Jones
Cumberland: Lowther, Young, Steward, Miller
Somerset: Palmer, Cork, Greedy, Clothier

Online intermittently!

Offline Aussie possum

  • RootsChat Senior
  • ****
  • Posts: 288
    • View Profile
Re: Left out of the Will?
« Reply #20 on: Thursday 12 August 04 23:13 BST (UK) »
Amazing how times and attitudes change, Sasha.  In my father's will, made in 1970"s, he left half to children of his first marriage, and half to my mother.  The solicitor thought he had been more than generous with the first family, and that he was entitled to leave them out completely!
Census information is Crown Copyright, from www.nationalarchives.gov.uk.

Offline GreySquirrel

  • RootsChat Senior
  • ****
  • Posts: 289
    • View Profile
Re: Left out of the Will?
« Reply #21 on: Friday 27 August 04 13:27 BST (UK) »
Just a few penniesworth from me on the general question raised at the start...

In England & Wales there is "freedom of testamentary disposition". This means that you can leave your estate to whosoever you wish, including of course non-family members, charities and pets -- provided you create a trust for them, you could leave a bequest to, say, your parrot. A Will can, of course, be contested but good cause would have to be shown to vary its terms. These days there is also an act called the Inheritance (Provision For Family & Dependents) Act which makes certain classes of claim more likely to succeed -- e.g. claims from cohabitants and financial dependents.

In Scotland there are some restrictions on testamentary freedom. Spouse and issue have legal rights and cannot be disinherited.

Either way, many family members are excluded from Wills, whether because they are already amply provided for, or are independently wealthy, or have fallen out / emigrated / lost touch etc. Like every source of information, Wills are useful but not definitive.

Personally, my sense is that Wills are an under-used resource. I also think it is a misconception that poorer classes of people never left Wills -- certainly from the late Victorian period to date, in my inglorious family many persons with little more than a bean to their name did actually write a Will (or perhaps had it written for them).


madbadrob

  • Guest
Re: Left out of the Will?
« Reply #22 on: Sunday 29 August 04 15:38 BST (UK) »
Squirrel,

I couldn't agree more with you regarding wills being an under used resource.  The later wills are easier to read and smoetimes contain more information than the older wills but then as a few people have mentioned ( not pam cos I know zip about Scottish probate) invemtories come with wills.  These usually were taken within the hour of the death so that the family couldn't hide anything.  It was usually taken by two senior members of teh community ( parish clerks and the like) They would list every item that the deceased owned and in what room it could be found even down to the bed linen and the different livestock machinery stires of wheat etc. 

Then for those who died intestate there is or should be an admon somewhere which basically tells you who if anyone made a claim for the estate of the deceased

Rob