MovieChat Forums > Midsomer Murders (1998) Discussion > Your Inheritence Laws are Screwed Up

Your Inheritence Laws are Screwed Up


How can a husband or wife, who are legally married, will away everything to some random person, and the spouse be left with nothing?! How is there no legal responsibility/joint ownership? Is this some screwed up hold over from the Middle Ages in which women were property?


Chase: Wow. Yeah, I get it. House is adorable. I just want to hold him and never let go.

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No. in the middle ages, widows had definite inheritance rights, they were entitled to at least a third of their husband's estate. I am not sure what the modern law is on leaving property to spouses, but certainly a house that is jointly owned cannot be left to anyone else. is there a specific episode you ade thinking of?

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Wait, then what about Pride and Prejudice or Sense and Sensibility, where the wives and daughters were/will left destitute when the father died/dies?

As for specific episodes, just this past season, in A Dying Art, the husband is murdered on the opening night of his Sculpture Park, then leaves everything to the grounds keeper! It's actually something I've seen quiet regularly on murder mysteries, and it confuses the heck out of me!


Chase: Wow. Yeah, I get it. House is adorable. I just want to hold him and never let go.

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if an eatate is entailed on male heirs, as it is in pride and prejudice, then it passes to the next male heir. this was a common practice in aristocratic and gentry families though not always. but even with entailed estates, certainly in the middle ages the widow was entitled to her 'dower' the use of a third of the property during her lifetime. by the 19th century, i think it had become the custom in aristocraticf amilies for the widow to be given a house on the estate known as the 'dower house' which was hers for her lifetime. An entail could be broken if the oldest son agreed to it, but unfortunately mr Bennet has no son. any non entailed property coudl be left elselwhere, For instance, in pride and prejducie, it is made clear that mr Bennet has not saved towards his dAughters' future, he should have been saving money out of his income from the estate (which was his to do what he liked with) to leave his daughters. but he hasn't. When elizabeth goes to see lady catherine de burgh, lady catherine expresses satisfaction that there is no entail in her family, her daughter will inherit everything. mr Bennet, no account of not having sAved, won't be able to leave his daughter a lot.

Sense and sensiblity is a bit different. The family estate in sense and sensibility was not entailed, but the grandfather of the dashwood girls made a will leaving everything for his grandson for whom he had conceived a doting affection. So when his son remarried, the daughters of hi second marriage were not going to inherit. The dashwood father trusted his son to provide for his half sisters. However, the son's wife talks him out of doing much for his sisters, so the dashwoods are left with an income of £500 a year, i suppose from property perhaps belonging to the father that wasn't pArt of the grandfather's estate, or possibly something of their mother's, I can't remember. £500 a year wasn't a lot for an upper class family, but it was far more than an ordinary family would have to live on. With their £500 a year they will still be able to employ three servants. £500 a year was the income that jane austen and her mother and sister had to live on after her father's death, they lived modestly (by gentry standards) but were not destitute.

i missed a dying art, i must look it up. i don't know why he was able to leave everything to the groundskeeper. there is a lot of strange stuff goind on in Midsomer!

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if an eatate is entailed on male heirs, as it is in pride and prejudice, then it passes to the next male heir. this was a common practice in aristocratic and gentry families though not always. but even with entailed estates, certainly in the middle ages the widow was entitled to her 'dower' the use of a third of the property during her lifetime. by the 19th century, i think it had become the custom in aristocraticf amilies for the widow to be given a house on the estate known as the 'dower house' which was hers for her lifetime. An entail could be broken if the oldest son agreed to it, but unfortunately mr Bennet has no son. any non entailed property coudl be left elselwhere, For instance, in pride and prejducie, it is made clear that mr Bennet has not saved towards his dAughters' future, he should have been saving money out of his income from the estate (which was his to do what he liked with) to leave his daughters. but he hasn't. When elizabeth goes to see lady catherine de burgh, lady catherine expresses satisfaction that there is no entail in her family, her daughter will inherit everything. mr Bennet, no account of not having sAved, won't be able to leave his daughter a lot.

Sense and sensiblity is a bit different. The family estate in sense and sensibility was not entailed, but the grandfather of the dashwood girls made a will leaving everything for his grandson for whom he had conceived a doting affection. So when his son remarried, the daughters of hi second marriage were not going to inherit. The dashwood father trusted his son to provide for his half sisters. However, the son's wife talks him out of doing much for his sisters, so the dashwoods are left with an income of £500 a year, i suppose from property perhaps belonging to the father that wasn't pArt of the grandfather's estate, or possibly something of their mother's, I can't remember. £500 a year wasn't a lot for an upper class family, but it was far more than an ordinary family would have to live on. With their £500 a year they will still be able to employ three servants. £500 a year was the income that jane austen and her mother and sister had to live on after her father's death, they lived modestly (by gentry standards) but were not destitute.

i missed a dying art i think, or at any rate don't remember it well, i must see if i can watch it somewhere.

on looking it up i see that there was an act of parliament in 1975 which stated that there must be reasonable provision made for dependents, so a widow ought to be able to challenge a will that doesn't leave her anything.

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That still doesn't explain how they can will away everything that should be joint property!


Chase: Wow. Yeah, I get it. House is adorable. I just want to hold him and never let go.

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no, it doesn't. The widow ought to be able to challenge a will like that.

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Okay, so it's just bad writing. Whew. Seriously, it's been used so many times!


Chase: Wow. Yeah, I get it. House is adorable. I just want to hold him and never let go.

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Property is only joint property if it is registered in both names. So if the wife inherits a house from her parent, then it belongs to her and is hers to will to whom she chooses.

I think in England & Wales, if a spouse or child is omitted from a will, then they can contest it. But they have to prove they were financially dependent on the deceased person, and if they successfully do so they can be awarded something by the court. But anyone or organisation mentioned in the will are still likely to be awarded a significant proportion of the estate.

In Scotland things are slightly different, and I think dependents will be awarded a share of at least 25% of the estate. Maybe ??

Entails are totally separate, but these days the children other than the heir will still get a significant proportion because most income from the estate is held out with the entailed property and land. So the cash assets etc are free to be willed to the remaining siblings.

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