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AIBU?

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Safeguarding inheritance

103 replies

Stratusinium · 25/04/2023 21:01

Posting for traffic - TLDR; relates to inheritance and a parent living with a partner (not married) and wanting to ensure kids inherit.

So, as brief as poss! My DF lives in the house he and my DM bought in the 90s. DM died in the 90s and DF has been with current partner for just under 8 years. She moved from her XH’s to my DF’s home and has lived there since.

DF has purposely not married and has initiated conversation with me about inheritance, saying he has spoken to solicitor and has had will (re-)written to ensure his estate goes to DSis and I rather than his partner.

Partner is quite controlling and we anticipate that if she were to survive him, she will try to claim any inheritance/estate for herself. She has tried to encourage him to sell up house and re-buy with her and for e.g. has also spent money on decoration and refurbishment of the house (fairly superficial - not loft conversions or anything). She is very aware of this and has actually mentioned that she has invested in house - am sure she is aware of the implications in terms of potentially claiming a share of equity.

DF is currently in good health and sharp as ever, however another concern is if he were to become frail in any way she might try and do something like claim power of attorney or engineer that they get married.

For those that know about that sort of thing, what does he (and we) need to be aware of in terms of safeguarding him and what he wishes to pass on to us?

Should also add, I don’t automatically feel I’m entitled to anything - it’s his life and money and he can do what he wishes with it. However he has expressed his wishes to me and she is a very controlling person (hence he has no intention of them getting married and has sought legal advice). (Sadly he has also described her as abusive, however it does not seem he has plans to leave or end the relationship.) Hopefully it’s a long way off, but it worries me already that should this situation come to pass it will be upsetting and there will be an unpleasant battle with her to see his wishes respected.

Any advice appreciated.

OP posts:
Dontbelieveaword · 25/04/2023 21:13

I'm confused. Has your DF already sought legal advice about his inheritance wishes already? I'm not sure what advice people on here can give him that a solicitor hasn't/can't.
How old is your father?
If his partner has paid towards bills and upkeep, maintenance and refurbishment of house, she may well be entitled to something if they are still together when DF passes, specially if cohabitation continues for many years.
I guess you could go down power of attorney route but I'm not sure if that's only for people who are mentally incapacitated?
I'd personally be encouraging your DF to get out of such a controlling and abusive relationship in the present rather than worrying about where all his money might go years down the line

CindersAgain · 25/04/2023 21:12

You aren’t in Scotland? Children have rights over an inheritance if so.

MelchiorsMistress · 25/04/2023 21:07

You should make sure that you and your sister have lasting power of attorney for your Dad.

if your Dad has already been to a solicitor then he has probably had good advice and done all that can be done.