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Daughter cut out of mother's will for naming her child badly
The Telegraph ^ | April 1, 2011

Posted on 04/19/2011 8:44:12 AM PDT by the_devils_advocate_666

Melita Jackson, who died in 2004 at the age of 70, left her estate of £486,000 to animal charities, making no provision for Heather Ilott, her only child.

Three of the country’s most senior judges said Mrs Ilott, 50, should receive a share of the will, in a decision which could lead to more people challenging relatives’ bequests. ...

At a hearing in February, John Collins, representing Mrs Ilott, told the judges that his client’s final breakdown with her mother was over the naming of her daughter, Ellen, after Mrs Jackson’s sister-in-law, whom she did not like. ...

(Excerpt) Read more at telegraph.co.uk ...


TOPICS: Miscellaneous; Society
KEYWORDS: charity; court; law; will
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I think the title is misleading. I don't think granny thought Ellen was a "bad" name, it was just that she didn't like the person for whom Ellen was named after.
1 posted on 04/19/2011 8:44:15 AM PDT by the_devils_advocate_666
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To: the_devils_advocate_666

Badly is a horrible child’s name.


2 posted on 04/19/2011 8:45:28 AM PDT by Rebelbase
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To: the_devils_advocate_666

In my opinion, I don’t think it matters why the mother did not include her daughter in the will. After reading the article the daughter left home at 17 and had very little interaction with her mother since. The mothers was very specific on her her will and obviously, knew her daughter would try to contest it so she even added a letter requesting to fight any attempt from the daughter to contest the will.


3 posted on 04/19/2011 8:51:53 AM PDT by martinidon
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To: the_devils_advocate_666

The point is that a court can change a person’s
will (50k UK pounds). We can’t be far behind.

Sayonara to the rule of law and contracts
as written by anybody but a judge after
the fact.


4 posted on 04/19/2011 8:53:34 AM PDT by WKTimpco (Traditional Values Counter Revolution)
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To: Rebelbase
"Badly", not "bad" ~ ain't no Leroy Brown here ~ maybe. The deal is if this woman doesn't get an inheritence out of her dead mother's assets she and her chilluns' will stay on the public dole forever.

Clearly we can't let a dead woman direct the misuse of limited tax money when there's a private option available.

I say give the daughter ALL the money!

There really are times when the dead hand of the past is reaching out from the grave trying to make a mess of civilization.

5 posted on 04/19/2011 8:57:18 AM PDT by muawiyah
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To: WKTimpco

Actually, we’re already there. A probate judge can uphold a will, invalidate a will or order partially enforced. A probate judge can do whatever he wants. All a will does is tell the judge the preference of the deceased.


6 posted on 04/19/2011 8:57:52 AM PDT by Jemian
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To: WKTimpco

When the Rule of Law collapses the collapse of the country is not far behind. Or the the first thing to fail will be the Courts.


7 posted on 04/19/2011 8:59:20 AM PDT by B4Ranch (Allowing Islam into America is akin to injecting yourself with AIDS to prove how tolerant you are .)
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To: WKTimpco

The UK has a different legal tradition regarding wills, and this sort of thing has been going on for a long time there.


8 posted on 04/19/2011 8:59:20 AM PDT by Dr. Sivana (neral E)
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To: the_devils_advocate_666
Mr Collins also said Mrs Ilott had five children ranging from 27 to 14 years old and lived largely on benefits in a housing association home, with no earning capacity and no pension.

A lifetime mooch who was just waiting for mom to die to get the money.

9 posted on 04/19/2011 8:59:23 AM PDT by antiRepublicrat
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To: Jemian; WKTimpco
Yup. When you're dead all your personal contracts are just so much trash. That's why we have probate.

American law is pretty advanced compared to UK. Jefferson wrote a law that left 2/3 to the chilluns and 1/3 to the spouse. It's gotten better since then, but since we got rid of the Brits I don't think anybody has treated wills in this country as ironclad personal contracts.

10 posted on 04/19/2011 9:02:44 AM PDT by muawiyah
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To: B4Ranch
Sounds like they need a change in the law. Now that’ll stave off collapse just getting inheritance reordered. Right?
11 posted on 04/19/2011 9:04:25 AM PDT by muawiyah
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To: the_devils_advocate_666

I don’t see what the grounds are for challenging the will.

No one should be entitled to someone else’s stuff and the government/courts should not be in the business of deciding it.


12 posted on 04/19/2011 9:04:36 AM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: the_devils_advocate_666

Where there’s a Will there’s a lawyer who will break it.


13 posted on 04/19/2011 9:05:33 AM PDT by fella (n)
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To: the_devils_advocate_666
Why bother to write a Will?

All your stuff belongs to the government. After you die, they will parcel it out to whomever they think deserves it.

14 posted on 04/19/2011 9:06:27 AM PDT by ClearCase_guy
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To: muawiyah

The daughter should get zip. nada.


15 posted on 04/19/2011 9:06:53 AM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: the_devils_advocate_666

I don’t think “mom” had any business trying to interfere with the naming of the child. Having said that, it was her estate to do with as she saw fit. The whole thing is sad.


16 posted on 04/19/2011 9:08:07 AM PDT by Sunshine Sister
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To: muawiyah
"Badly", not "bad" ~ ain't no Leroy Brown here ~ maybe. The deal is if this woman doesn't get an inheritence out of her dead mother's assets she and her chilluns' will stay on the public dole forever. Clearly we can't let a dead woman direct the misuse of limited tax money when there's a private option available. I say give the daughter ALL the money! There really are times when the dead hand of the past is reaching out from the grave trying to make a mess of civilization.

That's an awfully slippery slope you're proposing, "The State knows better what to do with the money."

17 posted on 04/19/2011 9:08:48 AM PDT by dfwgator
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To: muawiyah; WKTimpco

A living trust is what is necessary (although it isn’t a guarantee either). Lawyers haven’t liked to speak of it very much; they make money from dealings with the law.

However, you just pretty much have to face that when you are dead, you lose control. You are dead.


18 posted on 04/19/2011 9:09:24 AM PDT by Jemian
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To: the_devils_advocate_666
Mrs Ilott had five children ranging from 27 to 14 years old and lived largely on benefits in a housing association home, with no earning capacity and no pension.

Well whaddya know, she's a long term welfare/public housing recipient. Totally qualified to redistribute 50,000 from a taxpayer to herself using 3 socialist judges and a tort lawyer.

Real UK justice.

19 posted on 04/19/2011 9:09:30 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: the_devils_advocate_666

There are few situations in which I would approve of overturning a will. This is certainly not one of them, and I am disgusted both by the daughter and by any lawyer who would take the case. The fact that this daughter challenged the will is proof that she deserves nothing.


20 posted on 04/19/2011 9:09:56 AM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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