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    Are you cut off without a shilling or with a shilling?

    Question #65036. Asked by soonappear.

    zbeckabee

    Under British law, disinheritance was illegal, some token bequest had to be made to the eldest child. If that were omitted, it was thought that the disinherited son could invalidate the will by alleging the father's unsoundness of mind. So, the legacy of a shilling was felt to be large enough to make the will legal and small enough to be derisory. Hence the expression ‘cut off without a shilling’ or, more precisely, ‘cut off with a shilling’.

    http://www.tribuneindia.com/2001/20010519/windows/roots.htm

    Apr 25 06, 11:09 PM
    macka_splaff

    without a shilling. just as you would be left penniless.

    Apr 26 06, 6:56 AM
    davejacobs

    This looks quite a dubious web site to me.
    It contradicts itself of course saying "the expression is ‘cut off without a shilling’ or, more precisely, ‘cut off with a shilling’", which is the exact opposite!
    I know of no such law anyway making it illegal to disinherit anybody. What is the point of making a will if you cannot dispose of your goods as you wish, to whom you wish.
    I have seen wills in which a son is left a token amount, but this is often because he has already been take care of in the testator's lifetime.


    Apr 26 06, 8:35 AM
    Baloo55th

    Disinheritance wasn't and isn't illegal in the UK (except for a small number of entailed estates that had to go to certain heirs). The point of the shilling or similar small sum was to indicate not soundness of mind, but that the son had not been omitted by mistake. And it is 'with' not 'without'. I agree with Dave that that site is not correct. Probably very respectable, but in error. Laws regarding inheritance are different in many countries, so this applies to the UK only.

    Apr 26 06, 9:04 AM
    soonappear

    I bid to place increased value on these excellent items, well done to all.

    Apr 26 06, 9:22 PM
    zbeckabee

    With all due respect...It would certainly be helpful if you would back up your suspicions with reference websites so that we are dealing with something other than opinions.

    Apr 27 06, 3:40 PM
    Baloo55th

    For a reference to 'with a shilling' in an official setting:
    http://www.devon.gov.uk/index/democracycommunities/neighbourhoods-villages/record_office/family_history_3/wills_records.htm
    [Sorry, McGruff!]
    For other references:
    http://www.bartleby.com/81/4527.html
    http://www.answers.com/topic/cut-off
    And in a literary context, Pickwick Papers:
    http://www-control.eng.cam.ac.uk/hu/Pickwick.html

    Apr 27 06, 4:02 PM
    Baloo55th

    "Under UK law you are basically free to give away your assets as you please. There are other ways for 'dissatisfied' beneficiaries to make a claim against a person's estate, but they are only likely to be successful if they were dependant on the deceased financially at the time of his death."
    http://www.zawya.com/story.cfm/sidZAWYA20050908121200

    Apr 27 06, 4:23 PM

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