Changing a will.

[JasonOgg]

My mum's current will splits everything between me my brother and my DD. Now I am concerned about my DD possibly inheriting a couple of hundred thousand pound when she might only be 18. We discussed this and Mum now sees my point! So we have discussed leaving DD maybe £10k straight off and splitting the rest between me and my DB.

This is where it gets tricky and the views I am expressing are now my mother's! My DB is gay with quite a tricky long term relationship. DB's boyfriend of 15 years lives with a different man a long distance away from him and us. The boyfriend never gets involved in family events. The 3 all know about each other. Dab has already said that while he will leave my DD some money, the majority of it will go to the boyfriend. Now at the end of the day it is his money so he can do what he wants with it, although my Mum views this as disloyal to his only niece.

Mum is now concerned that any money she leaves DB will end up in "the boyfriends clutches". Her exact words. Is there anyway that mum can leave my DB his half, but stipulate that it then goes to my DD on his death? It is quite likely at DB won't outlive our mum by much if any, as he is morbidly obese and has been for 25 years.

I'm kind of caught in the middle and just want it sorted! Mum is really worrying about it and my priority is her peace of mind.
Can anyone help?

[Canus]

Can your mother not stipulate that your daughter only recieves the money once she turns 25 (or whatever age you think appropriate)?

[mumblechum1]

Hi, OP, I'm a willwriter and the scenario you describe isn't that uncommon. If your mum gives an outright gift to your brother then there would be no strings attached and no way of dictating what he does with it or who he leaves it to, in the same way as if he were married and left it to a wife your mum disapproved of.

On the presumption that she wouldn't want to make a very complex will involving quite a burdensome trust I recommend that she simply gives whatever she wishes to your daughter on the basis that she only inherits when she is, say, 21, 25, or even 30. The money would be held on trust for your daughter before then, and the trustees could be your brother and yourself unless you're likely to fall out over the administration of the trust, in which case she should appoint two people who will be able to cooperate.

The proportions are of course up to her, but she should be careful not to be very biased towards you and your daughter as your brother could possibly contest the will (there are several reasons for contesting, and non-dependents these days are increasingly successful in litigating wills).

If you need any more info, feel free to PM me!