A question of fairness... (a will that outlines disposition of father's assets)

[Quatto]

My father is ill and has a will that outlines disposition of his assets in the following way:

To the his children in equal shares and to the ancestors of a deceased child, that child's share per stirpes. My father has 3 children: me, my brother and my sister. My sister is in a civil partnership and wants to have my father include her partner in his will in a similar fashion to my children and my other brother's children. i.e., if my sister dies, her partner gets his share.

I understand where she's coming from, but something feels a little bit odd about it. I just dont know what is typical in this case. It's also odd because I feel like this should be coming from my dad, not my sister.

It's creating a bit of an rift between us and it bother me. I just cant help feeling that the estate should stay the way it is. But I also cant help feeling that to a certain extent she's got a point.

[AFFA]

I wish to inform you that Will is made by the person from his own wishes. In this regard if any person forces her view then you may inform that Will has to be made as per wishes of the person. Further if your sister desires then when she gets property at that time she may transfer the property or make a Will in favor of her partner.

AFF

[Quatto]

Thanks for the quick response. That was my general response to her. But it didn't go over well. She did claim to have numerous conversations about this with my dad over the past couple of years and that my dad was generally in approval. To which,I said - if it's his wishes, then fine. But was it really his wishes?

I just didnt think my dad fully understood what my sister was suggesting. It seems to open up all type of possibilities in worst case scenarios. Do I need to put my spouse in? My other brother's spouse? That kind of stuff. But at the end of the day - it's my dad's will...not mine, not hers.

[goddessoflubboc]

Having a partner (or spouse) included as if they were issue is improper - unless it is specifically what the will-writer wants to accomplish.

[Friend In Court]

Originally Posted by Quatto My father is ill and has a will that outlines disposition of his assets in the following way: To the his children in equal shares and to the ancestors of a deceased child, that child's share per stirpes. My father has 3 children: me, my brother and my sister. My sister is in a civil partnership and wants to have my father include her partner in his will in a similar fashion to my children and my other brother's children. i.e., if my sister dies, her partner gets his share. I understand where she's coming from, but something feels a little bit odd about it. I just dont know what is typical in this case. It's also odd because I feel like this should be coming from my dad, not my sister. It's creating a bit of an rift between us and it bother me. I just cant help feeling that the estate should stay the way it is. But I also cant help feeling that to a certain extent she's got a point.

Your father has the absolute right to distribute his assets through his will in any way and to anyone he wishes -- or not -- use them all up before he passes.

Your sister is way, way, way out of line by trying to get your father to leave anything to her current partner. No offspring is entitled to anything from their parents' estate, much less someone they pick as a 'partner'. Your father could leave his estate to charity -- which might appreciate it more than your sister.

Tell her to back off and be grateful for anything your father leaves her.

[Lexus]

If a person has a Will and after the death of that particular person his properties will devolved upon the persons whose names are mentioned in the Will. In this if your father has mentioned the name of your sister’s partner; he is entitled to get his share as per the will. In this your father has ultimate authority to decide whether to add any person or not.

[calgaryimmigrat]

Originally Posted by Lexus If a person has a Will and after the death of that particular person his properties will devolved upon the persons whose names are mentioned in the Will. In this if your father has mentioned the name of your sister’s partner; he is entitled to get his share as per the will. In this your father has ultimate authority to decide whether to add any person or not.

and i would like to add on what Lexus had said, a Will is to be done in complete discretion that way, he wouldn't be influenced by other people upon which-which will be listed upon the Will.