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Does Adam think he is entitled to inherit from the HF estate?

• Message 1. 

  Posted by Captain (U5370901) on Sunday, 29th July 2007

  I was sure this was the storyline before Myson appeared - I seem to remember gearing up for an almighty battle and it seemed to adopt a place on the back burner as Shove died.
  
  I remember Debbie and Adam 'taking their places' so to speak, getting ready to do battle. In fact wasn't Brine about to re-do his will, and I'm sure Adam was not being seen very favorably. Wasn't it around the time he went particularly whingey and whiny 'cos Debbie was better than him?
  
  Did I imagine this? It would help with a little 'difference' on DA.
  
  Thanking you!
  
  Cx

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• Message 2

  , in reply to message 1.

  Posted by theImprobablyNamed (U7123337) on Saturday, 11th August 2007

  Sounds roughly what was happening ... this is the still the back burner story still, the context of current story re Ruari.

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• Message 3

  , in reply to message 1.

  Posted by lantana (U2491053) on Sunday, 12th August 2007

  I don't remember there being talk of a will, Captain. Adam and Debbie were certainly squaring up to each other, but I recall that being about whose ideas were adopted by Brian, who had the most influence over things like the contracting out, selling off of plant etc.
  
  Adam has no legal entitlement to inherit from Brian's estate. In fact the only people who currently do are Alice and Ruairi who are currently maintained by Brian (and this may change with regard to Alice). Even, then Brian doesn't have to leave them anything, but they would be entitled to apply to the probate court for a share. If Brian and Jenny divorced, Jenny would be entitled to a share of the Home Farm assets and Ruairi and possibly Alice (while she is at university) to some support. That's all.
  
  In fact, there would be little point in Adam or Debbie getting exercised about Brian's will. Brian could live to be 100 and as long as he is fit to do so, could change his will numerous times up to the time of his death. Adam and Debbie would be better sitting down to discuss the long term prospects of the farm, how Brian envisages Ruairi fitting in, and whether their contribution to the farm entitles them to some sort of pension trust fund being set up. That would provide far greater security than a dubious legacy in a will Brian might draw up next week.
  
  

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• Message 4

  , in reply to message 3.

  Posted by Halliana (U2407863) on Tuesday, 14th August 2007

  Why isn't Kate entitled to inherit?? She is Brian's legitimate daughter. Just because she is married shouldn't be a problem.
  It's Adam and Debbie who are only his step children.

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• Message 5

  , in reply to message 4.

  Posted by RosieT (U2224719) on Tuesday, 14th August 2007

  Only dependents have entitlement, I think. i.e. being supported by the will-maker at the time of her/his death - in this case, Jennifer, Ruairi and possibly Alice.

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• Message 6

  , in reply to message 5.

  Posted by Peggy Monahan (U2254875) on Tuesday, 14th August 2007

  What's entitlement? Under the laws on intestacy one half goes to surviving spouse and one half is split among offspring (all of them, regardless of age). On second spouse's death same sum (regardless of inflation, interest or whatever) is then split between then surviving offspring.
  At least that's how it worked when my grandfather died without a will.
  
  But if Brian makes a will he can leave what he wants to whom he wants, can't he? There's a discussion on the French connection thread about how, under French law, there are certain portions of your estate that have to go to spouse and children, but I always thought under British law you could leave your millions to your favourite charity regardless of spouse and children.
  
  As I can't imagine Brian hasn't made a will I think all of them will get something - but as for how he'll work out what seems fair in the circs...
  
  If he's intestate then no I don't see that Adam and Debbie would be included.
  
  In the case of a legal challenge to the will I suppose being a still dependendent family member would be a strong case.
  
  But there msut be somebody with legal knowledge to tell us properly.

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• Message 7

  , in reply to message 6.

  Posted by RosieT (U2224719) on Tuesday, 14th August 2007

  Brian talked to Jenny about needing to make provision "for ALL the children, Jenny!" when he went to see his accountant, just before he found out about Siobhán's cancer.
  Under the laws on intestacy one half goes to surviving spouse and one half is split among offspring (all of them, regardless of age).  
  I'm sure someone(Sarah sharp?) told us that under English Law, if a person dies intestate, the only ones entitled to share the estate are dependents/ants.

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• Message 8

  , in reply to message 7.

  Posted by Peggy Monahan (U2254875) on Tuesday, 14th August 2007

  Hi Rosie,
  A quick google on "intestacy laws" brought this link which seems to say what I did, except that the surviving spouse gets everything of the first £125,000 and only what's after that (and personal effects and debts) is divided with the children.
  
  But obviously Brian has made a will and believe it or not I don't think he would leave Adam out. Remember the wedding?
  
  As to Adam thinking he is "entitled" to inherit rather than the legal questions.
  
  Well I think he would expect to inherit something, after all he Brian has always treated him as a child of the family. But I don't think he, nor Debbie for that matter, would expect to inherit Home Farm. After all there are at least 4, now 5, of them. And so far none of their siblings has married a local owner of a stately home, and none has been given a sum in lieu of their inheritance.
  
  And I have never ever forgiven Lizzie for the crassness of her statement that she was trying to ensure her children's future as she demanded a share of Brookfield when her children are in line for Lower Loxley but Ruth and David's children ONLY have Brookfield.
  
  Which just goes to show that all property is theft anyway.

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• Message 9

  , in reply to message 8.

  Posted by RosieT (U2224719) on Tuesday, 14th August 2007

  Sorry, I must have misunderstood.
  
  I don't think any of them "expect" to inherit anything from Brian-and-Jennifer. They possibly hope for a rememberance from millionaire grandparents, but surely wouldn't hope for the death of Brian and Jennifer?
  
  Lizzie was pathetic, wasn't she, as if Kenton, Shula and David don't also want to ensure their children's future. The difference is, they will do this(or not!) by their own efforts, not by leeching off their parents.

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• Message 10

  , in reply to message 8.

  Posted by Dragonfly (U2223700) on Wednesday, 15th August 2007

  Intestacy and challenging the will are two different matters.
  
  1. Suppose Brian dies without making a will, or a valid will can't be found. In this case the intestacy laws would be used to distribute his estate. This would ensure that Jennifer was provided for, but possibly not in a way that satisfied anyone, as she would inherit very little outright and would have an income for life from part of the estate. The children would inherit some money outright straight away but would have to wait till after Jennifer's death to get their hands on the rest. Ruairi, Alice and Kate would certainly get a share. I think (but I'm not sure) that Debbie and Adam, as stepchildren who Brian didn't adopt, would get nothing. However, they would, of course, inherit from Jennifer under similar circumstances.
  
  2. Now suppose that Brian dies leaving a valid will. One or more family members feel that they have not received their fair share of his estate under this will. Only those dependent on him at the time of his death (Jennifer, Ruairi, just possibly Alice) could challenge the will on those grounds (I think). Other people, however, might be able to challenge the will if they felt that Brian was not in his right mind at the time he made it or was subject to undue influence from someone who did benefit under the will.
  
  As ever, I'd be delighted to hear from someone better informed if this is correct!
  
  

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• Message 11

  , in reply to message 10.

  Posted by rainbowLaure (U8486235) on Wednesday, 15th August 2007

  Does the situation stated in your no 1 still stand when a wife of xxx years has spent her whole married life working in the business with her husband?
  
  In a divorce situation I'm sure JD would be entitled to half of everything he owns and I find it odd that death leaves a wife worse off than divorce.

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• Message 12

  , in reply to message 11.

  Posted by Peggy Monahan (U2254875) on Wednesday, 15th August 2007

  If you look a my message 8 which gave a link you will see that all this had been previously explained in the same way as it was again in message 10.
  
  Intestacy rules are one set for all cases.

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• Message 13

  , in reply to message 11.

  Posted by Dragonfly (U2223700) on Wednesday, 15th August 2007

  Interesting point. It's a long time since I learnt the rudiments of inheritance and intestacy law but I think I'm correct in saying that where there are both a wife and children the wife gets the first £125,000 outright and a life interest (ie the income from) half what's left. The children get the other half divided between them and when the wife dies they get the other half. So yes, on the face of it I think you're right and Jennifer would get less from Brian dying intestate than she would if they divorced. (That £125,000 seems to have been unchanged for at least 20 years, which doesn't seem very sensible.)
  
  Having just checked, I see that yes, stepchildren are excluded from the intestacy laws too. So very much in Adam's and Debbie's interests for Brian to make a will!

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• Message 14

  , in reply to message 13.

  Posted by RosieT (U2224719) on Wednesday, 15th August 2007

  I remember when Debbie re-went-out-with Simon Gerrard, Brian threatening Simon that, if she continued to go out with him, Brian would cut her off without a penny. He later recanted to Debs, saying he'd never do that.
  
  I took this to mean that she was already in his will, as were all Jennifer's offspring by 'him and them.'
  
  I also took the visit to the accountant/lawyery bloke to discuss his affairs, when he was about to retire and go and spend half th year in the holiday home (Why can't he spend tht money on another farmworker? At least while Jennifer is away - he'd hve had to have one when he retired, surely?) followed by the remark, "We've got to think of ALL the children, Jenny!" to indicate he was going to include Ruairi in hi will.
  
  
  But they haven't said anything explicit on air, so he may leave the lot to snakes home.

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• Message 15

  , in reply to message 13.

  Posted by Peggy Monahan (U2254875) on Wednesday, 15th August 2007

  Yes you are correct in saying that as I did already say in messages 6 and 8 and as is said in the link.
  
  Sorry but it seems these last few messages are just repeating what has already been said and I'm beginning to feel I must have written in a language that is only comprehensible to me (and RosieT).

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