Can family members lay claim to the estate of a dead father/mother if the will of the deceased explicitly excludes them from doing so?
In England or Wales there are two possibilities.First, the family member may have a claim against the estate itself, perhaps on the basis that the estate held assets on trust for the claimant or perhaps on the basis of a promise made to the claimant upon which the claimant relied to his detriment (such as “work on my farm for next to no wages and when I’m gone this will all be yours”). The fact that the claimant is a family member is not really the point; the point is that the claim is a liability which the estate must pay before the net estate is distributed under the will.Second, and I suspect that this is really what you asking about,if the disposition of the estate fails to make reasonable financial provision for the maintenance of a child of the deceased the court may order payments to be made or property to be transferred from the estate for that purpose. This is part of the court’s powers under the Inheritance (Provision for Family & Dependants) Act 1975.“Child” includes a stepchild and even the child in respect of whom the deceased acted as a parent, which could include the child of a cohabitant or a grandchild; because the rules changed a few years ago the precise date of death may be important.The child does not have to be a minor, although an adult child may find it more difficult to establish that the will fails to make reasonable provision for his maintenance. The position of adult children is the subject of quite a few important decisions by the courts, but it really all turns on the precise circumstances of each case.The fact that the testator expressly excludes an individual from benefiting under the will is not, of itself, significant, but it may be that the reason for doing so (such as the fact that the claimant is a alcoholic or a spendthrift) is relevant if, objectively, it means that the failure to make any provision for maintenance is reasonable.
Can I kick my adult child out of the house against my spouse's wishes?
Sounds like you need to reframe the problem.Unilateral action in the face of a disagreement is usually a close to final step to complete breakdown.It also sounds as if kicking them out of the house is a proxy problem for deeper underlying problems: he's a lazy bum and/or you and your wife have deeper marital issues.That said I've been in a similar situation when I had an unwanted brother in law and mother in law living in our two bed flat. It would have been a relationship killer to kick them out (or even try).So we started looking for a dream house to move into and I labelled ever room "that's where our daughter will go, and that will make a wonderful playroom" etc. this created an alternate reality if you like, so much so that when we moved the house was a house for us and our children - not one for looking after the extended family.So a way that you could start doing this would be to start thinking about an extension - let’s create a "granny flat" for son to live in. He'll be able to have his girlfriend to come over without disturbing us, and the grand kids will be close eventually. Oh and make sure you destroy his existing bedroom during the renovation and then have delays and delays.....You can have lots of fun here keeping your anger hidden and working for his benefit....Just hope my kids don't read this in 20 years time.Or my brother in law....