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Inheritance - AIBU to have everything crossed for a windfall?

(196 Posts)
UnravelMyMind Wed 10-Jan-18 13:02:54

I have a namechanged for this because it may get very identifying...

Early last year my parental grandmother died. She left a small amount of money to me, and the rest of her estate to her two sons, one of whom is my dad . My dad hurriedly left the country 12 years ago to escape from HMRC so his share of the money was to be kept by his brother, who was going to send him an allowance every year.

In October my dad died of cancer, very suddenly. Neither me or his brother had had a lot to do with him for the previous 10 years, very long story but basically he's a compulsive liar) although we did go out and see him in the country he was living a few weeks before he died.

His brother has now sold his mothers house and so has doubled the amount of money he was due to inherit because he will no longer have to share it with his brother.

I do not feel comfortable asking his brother about this, hence I am driving myself mad thinking about it and hoping that it will occur to him to share some with myself as it's money he would not have had if it was not for the death of my father / his brother. Not all of it, it's an extra £150,000, but at least something...? £30k for example ?

LyraPotter Wed 10-Jan-18 13:06:02

Did your dad have a will?

It would be unusual for your dad's share of the property to go to his brother rather than you on his death unless that was provided for in your dad's will. If your dad died without a will, you would usually be the beneficiary of his estate. It seems very odd that's your uncle has inherited rather than you. I think you need to speak to a private client solicitor for more advice.

MyBrilliantDisguise Wed 10-Jan-18 13:06:27

I think you and your brother need to see a solicitor about this. As next of kin (if there's no Will) then you inherit everything your dad owns. If your uncle is holding on to money for your dad, you should inherit that money, too.

Cloudyapples Wed 10-Jan-18 13:07:14

He can’t keep it surely because it isn’t his inheritance unless your father left it to him in his will?

JackieReacher Wed 10-Jan-18 13:07:15

what country did your grandmother die in? because if it was the UK, your father already inherited that share of the house, it doesn't go to his brother just because it hadn't been sold by teh date of his death. He was already beneficial owner. Therefore, his heirs in the UK inherit his share. That may or may not be you and your brother depending on whether he left a will etc.
ALso - what country did your father die in? in some Euro countries (france, Italy), you can't disinherit your children so you would be entitled to a share of his foreign estate too.

ladystarkers Wed 10-Jan-18 13:07:38

Wow just wow. Op its not your money.

DrMarthaJones Wed 10-Jan-18 13:07:47

If your father didn't have a will, his estate goes to you and your brother, not to your uncle. His inheritance does not double.

Rebeccaslicker Wed 10-Jan-18 13:08:18

I can see why you think that, OP, but you'll need proper advice, sorry. Do you have copies of any wills and the address of the property? Make an appointment with a solicitor and they'll be able to talk you through it.

Scribblegirl Wed 10-Jan-18 13:09:52

OP I remember your story, with your dad legging it abroad and his recent passing. I have no idea if you'll get any money but all I would say is, if I've not confuse you with other posters, you bloody deserve it after the shit you've put up with over the years flowers

MinorRSole Wed 10-Jan-18 13:09:57

I wouldn't rely on hope, I would get a solicitor and ensure that the proceeds of your fathers estate don't get spent by your uncle.

Inheritance can be a sensitive subject but as parents I'm sure most of us can agree that we would want our estate to go to our children (barring any major fallout etc)

DeStijl Wed 10-Jan-18 13:09:59

If he hasn't already offered I doubt he's going to? I certainly wouldn't get my hopes up.

allthgoodusernamesaretaken Wed 10-Jan-18 13:10:06

My dad hurriedly left the country 12 years ago to escape from HMRC so his share of the money was to be kept by his brother, who was going to send him an allowance every year

This sounds fishy / dodgy. Your GM wanted to leave money to your DF, but it was to be given to his brother / your uncle on his behalf?
Was this to prevent HMRC recovering sums which your DF owed to them, as the money would be held by your uncle instead of your DF? If that's the case, I doubt you'll see any of that money.

JackieReacher Wed 10-Jan-18 13:10:26

Starkers, it may or may not be OP's money, but it isn't automatically the uncle's either.

(you don't even need a solicitor for this at this stage. Start by calling up copies of the wills of grandma and father which are available online for about £6. YOu can also order grants of probate where there is no will)

UnravelMyMind Wed 10-Jan-18 13:10:37

He died in the Far East. I strongly suspect he didn't leave a Will. I sorted out all the paperwork and funeral arrangements and there has been no mention of a Will (and knowing my dad, this is not remotely a surprise!)

ShotsFired Wed 10-Jan-18 13:10:43

It sounds like your Uncle is hoping you won't drag it up due to the HMRC issue - let sleeping dogs like etc.

(I assume HMRC are well able to reach into the dad's estate to reclaim their ownings before OP gets any residual?)

Scribblegirl Wed 10-Jan-18 13:10:55

(Sorry just spotted NC, if youd like my post deleted please do x)

Chaosofcalm Wed 10-Jan-18 13:11:08

It sound like the father did not claim his share of the inheritance because it would have all been taken by HMRC therefore the father does not anything to pass on.

ChasedByBees Wed 10-Jan-18 13:11:19

Definitely time for a solicitor.

UnravelMyMind Wed 10-Jan-18 13:11:58

My uncle has only just sold the house, it was so just before Christmas, so I have everything crossed that we just haven't got round to speaking about it yet! We are meeting on Saturday supposedly for drinks

UnravelMyMind Wed 10-Jan-18 13:12:55

ScribbleGirl thanks, yes it's me! wink

AnakinCyberwalker Wed 10-Jan-18 13:13:20

Not sure I understand this...did your DF legally accept your DGF's inheritance with the first place, or was a deed of variation implemented (diverting your DFs inherited share to DB) in order to avoid the long arm of HMRC. If the latter applies, your uncle gets to keep the lot of the original inheritance as it never became part of your DF's assets legally in the the first place.

In the absence of a will, you should however be eligible to inherit any remaining assets.

agbnb Wed 10-Jan-18 13:13:40

OP, stop "Hoping" for a windfall or relying on sympathy/etc.

You need to clarify what's legally right and sort it out based on the facts.

The executors of these estates has a legal obligation to distribute the property, finances, belongings according to the will... Or through intestacy rules if there is none.

"Hoping" isn't the right/helpful response here.

No one in AIBU will be able to help you untangle this, you need to find out details / the facts, do some reading online,, and likely consult a probate specialist if anything is unclear.

UnravelMyMind Wed 10-Jan-18 13:13:56

AllGoodUserNames you are right, that's why his share was left to his brother. It was because of his tax bill. However, as I said in my previous post, my dad's brother has only just sold the house

KatharinaRosalie Wed 10-Jan-18 13:14:48

You need to see the terms of your grandma's will. If the inheritance was left to your dad and he did not left a will then it does not automatically pass to your uncle.

JackieReacher Wed 10-Jan-18 13:15:27

even if Uncle holds father's share on trust (in accordance with mother's wishes), uncle is not the beneficial owner of that share however the HMRC issue obviously complicates and I don't know what the position is with trust income / when it's treated as claimable by HMRC as part of an estate and it's complex enough that you need a clued up solicitor on it. But you can keep costs down by doing a lot of homework first.

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