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My mum died shortly after my grandad, my aunt is worried about my mums inheritance

(13 Posts)
LivinLaVidaLoki Thu 04-Aug-16 14:45:40

In the first of what I am sure will be a LOT of questions about my mums probate.....

My grandad died 5 weeks ago, a little over a week later my mother died. My aunt is executor of my grandads estate and she is a bit worried about what the legal position of my grandads will is.

We met for coffee earlier and she said that my grandad left everything to be split equally between his children (6 children in total). My aunt doent really know what will happen with my mums inheritance from my grandad, whether that will be split evenly between the 5 remaining siblings or go into my mums estate to be distributed with everything else in accordance with her will?

Tbh Im not really arsed about the money at all. Im sorting my mums estate in accordance with her wishes because its important to me that everything has to be done exactly how she wanted, its the last thing I can do for her really and I want it done right, my aunt feels the same about my grandads estate, but it is a bit of a minefield, my aunt feels strongly that my mums inheritance should go to my mums estate and be distributed with everything else but she is worried this could be contested and cause arguments with her siblings which is too much to handle at this point (some of my aunts/uncles have never really bothered with my grandad, never visited/sent christmas cards or anything, just really visited when it was their kids birthdays to collect money, even that dwindled over the years whereas some of us have always been close and had a good relationship with my grandad, so I think this could be clouding her judgment a bit, she sees it as 'unfair' that people who never gave a crap should benefit more, just because the person who did pretty much everything for him has died).

Some of my aunts and uncles are spectacularly grabby and Im even expecting a few issues with my mums estate (what can I say, my family is complicated), so she is worried if she passes on my mums inheritance to us then she will face problems from them.

The way that I look at it is, my grandad has died, my aunt (as we all are) is devestated and has enough to deal with with sorting out his estate and so if she thinks she would get problems if she passed on my mums share to us, then she shouldnt do it. It should go between his surviving children), she deserves better than bickering or arguments over it and should just do whatever will give her a quieter life, for what it would be financially split between 6 then split again myself and my siblings, its just not worth it. She deserves to have this as simple a job as it can possibly be for her so she can begin to move on.

annandale Thu 04-Aug-16 14:49:57

My belief is that the wills should be executed in order and your aunt is right, but that is all it is - my belief. I really think your aunt should get legal advice. Apart from anything else, she should be protected from any accusation that she is doing what she thinks is right rather than doing what your grandfather wanted, within the law.

PippaFawcett Thu 04-Aug-16 14:52:10

A solicitor will be able to advise her - it won't be down to her.

PotteringAlong Thu 04-Aug-16 14:52:28

Your aunt is right - your grandad died and his estate got passed on. Therefore your mums share is hers and should be treated as part of her estate.

I'm so sorry for your losses and having to deal with everything; even a straightforward probate can be hard flowers

Nan0second Thu 04-Aug-16 14:53:09

Anna is correct. Wills are executed in order of the people dying. So your grandad 's money goes to your mum (and thus her estate).
Your aunt should seek advice from a solicitor if she thinks the will might be contested.

Berthatydfil Thu 04-Aug-16 14:54:18

It will go to your mums estate - to do otherwise would be illegal

HellsBellsnBucketsofBlood Thu 04-Aug-16 14:54:33

Unless the grandad will says otherwise, you distribute his estate first. Then do hers.

She needs to go to a solicitor to get confirmation as to what goes where. It shouldn't cost much - the rules are pretty fixed and she only needs a memo setting it out for her.

SpidersFromMars Thu 04-Aug-16 14:55:03

If your grandad died before your mum, the inheritance goes to her, and becomes part of her estate.

MaximumVolume Thu 04-Aug-16 14:59:33

Firstly, I'm sorry for your losses. flowers

From a similar situation I have been in, I believe that even if they had died together instantly in the same accident, your Mum would legally be treated as dying 2nd as the younger relative for the purposes of inheritance.

In your case, it is quite clear; your Grandad died and your Mum inherited 1/6 of his estate. The fact that she then died before his will had been executed makes no difference to the fact that inheritance immediately became part of her estate.

Oblomov16 Thu 04-Aug-16 15:06:29

Of course it goes to your mums estate. If she needs legal advice to put to rest the money grabbers, then she must do so.

Lonecatwithkitten Thu 04-Aug-16 16:48:11

She needs legal advice, but often a will includes a clause regarding beneficiaries dying within 28 days.

Wolpertinger Thu 04-Aug-16 17:03:57

She needs to see a solicitor and not make up the law for a quiet life. As Lonecat says many wills include clauses to cover this eventuality.

She is leaving herself open to it being even more contestable by trying to appease those she thinks are gobbiest - she could easily find she has miscalulated.

gingeroots Thu 04-Aug-16 18:00:20

I agree ,wills executed in order of deaths .So if your mother is a beneficiary in your grandfather's will then her this would go to her estate .

Your aunt needs to execute the will according to her father's wishes expressed in it . If relatives dispute this ,they are the ones who need to get legal advice .

I'm so sorry you have these added complications when you've just lost two members of your family . Sympathies .x

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