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Old 02-06-2015, 08:24 AM
 
894 posts, read 798,118 times
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If a judge is going to overturn it, what's the point of having a will? I'm not saying what the father did was right, just that it was his money and his right to do whatever he wanted with it.
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Old 02-06-2015, 08:32 AM
 
240 posts, read 196,909 times
Reputation: 1366
A will is a will. No judge has the power to change a will he doesn't agree with. My God, this is a snowball at the top of a mountain that's just be given a push over the side. Hopefully someone with some common sense and authority will stop it before it increases in size.
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Old 02-06-2015, 08:48 AM
 
1,442 posts, read 846,247 times
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Quote:
Originally Posted by Unsettomati View Post
Also, actually reading the linked article helps.
True.. and you accurately cited the previous legal precedent where a Canadian was denied his intended (willed) gift to a neo-Nazi group..
But, you left out the fact (also stated in the article), that this guy did not state he was denying his daughter because she bore a mixed kid. His will said he cut her out, because they were no longer in communication. How is that a legally defined affront to public policy (?) Many ppl are estranged from their kids, could all of their wills now be undermined by judges.

According to the article, the racial angle was advanced solely by the self-interested daughter who was left out of the will, it wasn't attested to in the man's will. It was a 'she-said', with no 'he-said'. Judge took hearsay, and self-interested testimony, even tho the man's will said nothing about race.

This to me is dangerous and flimsy judicial meddling.. but just my layman's take.
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Old 02-06-2015, 08:48 AM
 
Location: Turlock, CA
322 posts, read 214,069 times
Reputation: 484
Quote:
Originally Posted by markg91359 View Post
Who are any of you to tell the Canadians how their legal system should work? If you are from Canada fine. If not, its really none of our business as Americans.
As Americans, it's absolutely a right to make any kind of statement of opinion they feel like. Nobody in the thread is a policy maker who has direct impact on the decision.

That said, it's completely ridiculous. A child has no right or guarantee to an inheritance, regardless of the reason for the parent withholding it.
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Old 02-06-2015, 09:28 AM
 
48,897 posts, read 39,392,211 times
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Quote:
Originally Posted by markg91359 View Post
Who are any of you to tell the Canadians how their legal system should work? If you are from Canada fine. If not, its really none of our business as Americans.
*shrug* we are commenting on world events, if you don't like it too bad.

I seem to recall plenty of Canadians weighing in on US actions, policies etc. and see no issue with that either.

Now if we were demanding to have an actual SAY in Canadian policy then that's another issue entirely.
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Old 02-06-2015, 09:32 AM
 
48,897 posts, read 39,392,211 times
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Quote:
Originally Posted by ks5692 View Post
A will is a will. No judge has the power to change a will he doesn't agree with. My God, this is a snowball at the top of a mountain that's just be given a push over the side. Hopefully someone with some common sense and authority will stop it before it increases in size.
I agree.

The only caveat is if later in life the old codger started to lose his marbles and made will changes when not of "sound mind".

Specific to this case, it might be that the daughter was the only heir around and the other one in the UK didn't care so the judge just let it go.

This may just be a case where the named heir saw it as unfair and just told the daughter to challenge it and take the money. Might be an alien concept to some around here but if somebody left me a pile of money to spite their kid undeservedly (imo) I'd not keep the money.
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Old 02-06-2015, 09:40 AM
 
Location: Upstate NY
30,408 posts, read 9,086,867 times
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Notwithstanding the moral issue, this is yet another reason why Americans should quit thinking that Canada has the same freedoms that we do simply because it's on the same continent.

Here, there exist any number of mechanisms to disinherit children (legitimate or not), grandchildren, or other "kin" who may crawl out of the woodwork after someone's death.
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Old 02-06-2015, 09:44 AM
 
Location: Johns Creek, GA
1,956 posts, read 1,995,834 times
Reputation: 2211
A couple of things.

If you want to be a racist old codger, then you'd better put your money where your mouth is and spite people before you kick the bucket.

Although a legal document, a will is merely a request for the state (or executor) to take actions on behalf of requests made by the deceased. Its not a secret that wills have been thrown out or altered before... the living are under no obligation to act in a manner that they might disagree with.

The deceased no longer has ownership, or any use for their estate.
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Old 02-06-2015, 09:49 AM
 
Location: Vineland, NJ
8,385 posts, read 9,947,952 times
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Why is this even news?
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Old 02-06-2015, 10:34 AM
 
3,205 posts, read 2,813,690 times
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I have no idea about the legal system in Canada. IMO, the judge overstepped his boundaries.

I read somewhere that here in the US, if you want to basically cut someone who is normally a legal heir out of the will, then you make sure and mention them in the will and give them $1. I didn't see my grandparents will, but I heard there was a clause that if anyone contested the will then they'd only receive a $1. That clause only partially worked. The executor took some liberties with some land rights and made everyone else mad at her. She has caused some legal problems with outside parties because of how she mishandled the situation.
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