Breaching a Court Order to make provision in a will

[PurpleMoonlight]

If a Court Order requires person A to bequeath an asset to person B in their will and they fail to do so, can person B take enforcement action to try to amend the will so they get the asset, or can they just take enforcement action against the deceased's estate for financial redress equivalent to the loss of the value of the asset? Or is there some other action that can be taken?

Person A has does and to make matters worse, the will specifically leaves the asset to another person.

[anonymous-user]

It probably depends on lots of things

But I would expect the courts to take a dim view of a court order being so flagrantly ignored

[Jeremy-75qq8]

I am in the middle of a divorce.

I tried to put a provision regarding wills in the order and was told a court cannot make such an order - so are you sure your facts are correct and that the court has indeed ordered someone as to how they. Must dispose of their assets ?

[PurpleMoonlight]

Jeremy-75qq8 said:

I am in the middle of a divorce.

I tried to put a provision regarding wills in the order and was told a court cannot make such an order - so are you sure your facts are correct and that the court has indeed ordered someone as to how they. Must dispose of their assets ?

You are correct it was part of a divorce settlement, and I have a copy of both the court order (from 2003) and the will.

[anonymous-user]

PurpleMoonlight said:

If a Court Order requires person A to bequeath an asset to person B in their will and they fail to do so, can person B take enforcement action to try to amend the will so they get the asset, or can they just take enforcement action against the deceased's estate for financial redress equivalent to the loss of the value of the asset? Or is there some other action that can be taken?

Person A has does and to make matters worse, the will specifically leaves the asset to another person.

The person who obtained the court order against A (presumably not B) can take proceedings against A for contempt of court. Penalties include a fine and jail time.

If B was party to the court order, B could do this too.

If A manages nonetheless to die without having made a will in accordance with court's order, B's rights against the estate are not completely straightforward I suspect.

[XCP]

I take it for 'does' read 'died'.

Or are we talking female deer?