https://en.wikipedia.org/wiki/Forced_heirship

It's a thing that exists. We have it here in Louisiana, but it doesn't work the same way as it does in some barbarian common law jurisdiction.

Courts have for years overturned and altered wills for various reasons. Usually you hear about it when it concerns charitable bequests where the deceased has put restrictions on how money can be spent. There the terms get changed because the original circumstances are no longer valid.

I guess the only way to do estate planning right to put the money where you want while you are alive. It is going to be hard for courts to retroactively take money from a charity so some entitled child can get it. Leaving the money just sitting there makes it a sitting duck for courts.

So, do we think this is *right* ?

Under the right circumstances even money sent to a charity can be taken back. Usually it's when a person goes into bankruptcy that even money that's been spent or given away can be taken back to settle debts. There have even been cases where college tuitions have been taken back while the student is taking classes. It all depends upon who can convince the judge that they are entitled to the money.

@Jamiet. I personally think the court ruling is absurd. The ruling is bad if you believe in property rights -- ie I have a choice in what happens to my property. On the other hand, a very common exception many will grant to absolute property rights is to prevent the over-concentration of wealth. This seems to set the precedent that a child has deserves the money. The problem with that, even to a Randian-champion-of property is that the child did not go out into the market and earn the money.

@Sad, sad. I'll have to do a lot of estate planning when I hit that point in life. Also I hope to not be feuding with my own kin.

In the Netherlands, you can claim half of what you would get with the standard division if your parents disinherited you.

Is there no such law in the UK?

@ steephie - no, although this goes some way towards a precedent

As for my opinion, in cases like these, I usually just take note without forming an opinion because there are merits to every way of doing it and I focus on cases where there is a distinct wrong and right way of doing things in my mind.

I also know someone who is disinherited by her father and her brother asked her whether she will claim her portion.

When she said she would, her brother said, free translation:
"How egoistic, then I get less!"

I'm always amazed at how well people can spin the facts around in their heads, not even noticing hypocrisy.