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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

It’s an inheritance one!

385 replies

BacktoBreathe · 18/02/2024 07:57

I'm aware inheritance is quite polarising on mumsnet so I’m zipping up my thick skin in preparation.

So…. I have 1 sibling. They have and won’t have any children. I do - primary school age. My sibling and I are a similar amount of wealthy and if we were to die it’s enough to help someone in life but below inheritance tax thresholds.

Largely I expect my DC to earn their own money when they’re adults but I don’t see how they would ever buy a house without help and if I have enough I’d love to help them get on the ladder when the time comes.

My sibling has just told me that they are writing in their will to give anything they have to charity. I’m…. Sad.

On the one hand they should do whatever they want with their money. It’s their money. I have no right to ‘expect’ anything goes to my DC and certainly no power over where it goes.

But on the other I think it’s hypocritical. My sibling has, over their life, taken help from family (about half was an inheritance, they also took various help to get on their feet when starting out). Not loads of money but maybe 50 k over the years. I also took the inheritance I was given but not the additional help as I’ve always worked and expected to pay my own way. That’s fine - we make different choices in life. But this help was given to my sibling by very family oriented people and I know that their wish would be to ‘pay it forward’ to the younger generation (which in this case would be my children). Also we are both, as stands, set to inherit about £150 k each from my parents. Though that depends on care home fees.

So not to drip feed then I’m not sure I’ll live long enough to set my children up. 2 years ago I was diagnosed with cancer. It’s looking good at the moment and I’m hopeful. But my fear is that my children are left with a shit lot in life. I’d hoped that my sibling would step in if that happened but now I’m feeling like my children just aren’t that important in my siblings life.

AIBU?

YABU: money given historically is just that, ancient history, and should be spent by the receiver however they like. Family have no duty to help each other out financially. There are so many people in the world who don’t have the advantages that we do in the western world and you can affect more people’s lives through charity.

YANBU: family money is there to be passed down to the next generation. If you accept financial help from family you should expect to financially help family yourself.

OP posts:
sammylady37 · 18/02/2024 10:36

burnoutbabe · 18/02/2024 09:34

Tru
But she is clearly saying her nephew /niece isn't someone dhs she cares about.

50/50 charity /child would be fine.

50/50 would be ‘fine’, would it? How magnanimous of you to decree that about how someone else decides to bequeath their assets.

TempleOfBloom · 18/02/2024 10:36

Personally I don’t understand people who wouldn’t leave (most of) their estate to a younger generation of loved relatives. Especially where they themselves have inherited it. Unless of course there is already a huge amount of wealth.

Is your sibling actually writing a will? Or just blethering?

sammylady37 · 18/02/2024 10:35

I will never cease to be amazed by the sense of entitlement some have to other people’s money.

I’m in the position that I’m quite well off, and am childfree. I have several nieces and nephews, all adults, with varying degrees of relationships, some I’m very close to, others I rarely see or have any contact with. One of my siblings has been quite vocal about the fact that they think I should be giving large financial gifts to all the niblings annually (well, they say all but I know they really mean their DC 🙄) and also that they assume I’ve allocated an equal split between all niblings in my will. Nothing could be further from the truth! I have bequeathed substantial portions of my estate to two small local charities that are very dear to me and have bequeathed to those niblings with whom I have a close relationship. I have no intention of leaving my hard-earned money to people I rarely see and don’t particularly like, simply because they’re faaaaaaaamily.

CrappySack · 18/02/2024 10:30

CheesecakeandCrackers · 18/02/2024 10:20

I wouldn't find this awkward, your siblings inheritance/will is separate, what you want to speak to your parents about is what would happen to any inheritance they would have left to you in the event you predecease them. It's what would come to them through you otherwise, and you should consider whether your own will needs updating to reflect your health changes. Any share that would otherwise go to your sibling is irrelevant. I'm sorry to hear about your cancer, it must be a very difficult time.

Same here (& I hate awkward conversations!)

If your parents reply, oh but everything sister gets will go to niece/nephew, I think you'll have to have to awkward conversation. It's better to have some awkwardness, than for your children to lose their inheritance.

AsTheyPulledYouOutOfTheOxygenTent · 18/02/2024 10:28

Inertia · 18/02/2024 10:17

The reason why this can raise problems is that charities can be very forceful in claiming their share of legacies very quickly, making it difficult for the executors/ inheritors to find the money immediately if e.g. the estate is tied up in property.

I agree that it’s important to give to charity if you can, which is why I’m doing it during my lifetime.

That's a really good point.

Leaving everything to charity is fair enough if you have no dependents I guess, but leaving a percentage to charity (rather than a fixed amount) can cause huge problems for the other beneficiaries because it is the duty of the charity trustees to be absolutely ruthless in maximising value of their inheritance rather than being sympathetic and flexible about things like family jewellery.

youcandanceifyouwanna · 18/02/2024 10:27

If I were close to my sibling, I'd be hurt and upset that they were actively choosing not to help their nephews/nieces, particularly in these circumstances. I think you're not unreasonable to be upset but you can't change anything. Ask your parents to ensure, if this is their wish, that your children are provided for in their will (and casaully mention your sisters intentions too if you think they might consider it relevant).

Mumof2NDers · 18/02/2024 10:20

CraftyTaupeOtter · 18/02/2024 09:56

I've got my parents' wills here, so have just checked their provisions. If I die before my sibling, my share goes to my children equally. Are you sure this isn't the default position for wills for most people?

My DM’s will states that if either me or DSis pass before her then the living sibling will inherit everything. The will was written many years ago when DSis still lived at home and had no DC’s. I did point out to her that her will would exclude GC’s from one side if one of us were to die before her! This isn’t what she wants and was prepared to change her will but as a family we decided it wasn’t worth it as DSis and I are close and wouldn’t screw over the others DC’s.

10ThousandSpoons · 18/02/2024 10:20

tutttutt · 18/02/2024 09:36

It's more that sibling was happy to share family money when it was going to them but even though the OP may be dying the sibling has no compunction to behave in the same family focussed way giving forward.

The sibling isn't dying. The OP may be. There is no impending death if the sibling that you seem so fraught about

Might get hit by a bus tomorrow

CheesecakeandCrackers · 18/02/2024 10:20

BacktoBreathe · 18/02/2024 09:29

Thankyou. I think this is good advice.

Im not comfortable talking to my parents about what my siblings will says but I could ask if anything I would have got could go into trust for my DC without mentioning any reason why.

I wouldn't find this awkward, your siblings inheritance/will is separate, what you want to speak to your parents about is what would happen to any inheritance they would have left to you in the event you predecease them. It's what would come to them through you otherwise, and you should consider whether your own will needs updating to reflect your health changes. Any share that would otherwise go to your sibling is irrelevant. I'm sorry to hear about your cancer, it must be a very difficult time.

DuesToTheDirt · 18/02/2024 10:18

OP, I'm sorry to hear about your cancer.

As for the inheritance though, think of it like this - unless your sibling already has health problems, it is quite possible they will live into their 80s, or even older, at which point your DC would be, what, 60? Inheriting your sibling's money at that point is too late to set them up in life, or help them buy a house.

I do think that rather than all your parents' money going to your sibling if you predecease them, your share should pass down to your child.

Inertia · 18/02/2024 10:17

Gazelda · 18/02/2024 10:09

My DM died when I was very young.

Her parents left their estate to their remaining DC (my aunts and uncles).

One of them told me at the time that there is a provision in his will for me (although I expect most will go to his own DC). The other aunts and uncle haven't mentioned anything and I've no expectation that they'll include me in their will. In fact, it's never crossed my mind whether they will or won't.

Losing my mum so young has made me fiercely independent. I had a different upbringing than my cousins, with far less love than they enjoyed. But, at the end of the day, it's made me who I am and I'm proud of what I've achieved.

My DH and I rowed when making our wills. He firmly believes every £ should be left to our DC. I made a provision for a proportion to go to charity in mine. It's important to me that my advantage benefits more than just my own family.

The reason why this can raise problems is that charities can be very forceful in claiming their share of legacies very quickly, making it difficult for the executors/ inheritors to find the money immediately if e.g. the estate is tied up in property.

I agree that it’s important to give to charity if you can, which is why I’m doing it during my lifetime.

ssd · 18/02/2024 10:16

Neriah · 18/02/2024 10:10

Setting aside the heart-string pulling bit (sorry you have cancer OP, but that really isn't relevant) then this takes entitlement to a whole new level. Now not only must parents ensure that they pop their clogs before blowing all the kids inheritance on care homes and other ridiculously expensive luxuries, but siblings must ensure that they make adequate provision for their nieces and nephews.

It's all very transactional, isn't it? Keep a tally book of who has had what over their lifetime, then ensure they pay back an appropriate amount to justify their existence. So said love is what binds a family. Around here it seems to be cash in the bank.

Nasty post.

AsTheyPulledYouOutOfTheOxygenTent · 18/02/2024 10:11

Your parents' wills are much more worrying than your sibling's, given your state of health, and I think that you have the right to talk to them about it in order to safeguard your children's future.

However, it's possible that you've misinterpreted the situation. In most cases under English law, if a parent leaves their estate shared between their children, then if one child dies before the parent, leaving grandchildren, then the grandchildren will inherit the deceased child's share, even if that's not what the will explicitly says. It's a specific piece of legislation (Section 33 of the Wills Act), because in 99% of these tragic situations that's the right thing to do. It depends on the precise wording of the will though, so do check with your parents.

Neriah · 18/02/2024 10:10

Setting aside the heart-string pulling bit (sorry you have cancer OP, but that really isn't relevant) then this takes entitlement to a whole new level. Now not only must parents ensure that they pop their clogs before blowing all the kids inheritance on care homes and other ridiculously expensive luxuries, but siblings must ensure that they make adequate provision for their nieces and nephews.

It's all very transactional, isn't it? Keep a tally book of who has had what over their lifetime, then ensure they pay back an appropriate amount to justify their existence. So said love is what binds a family. Around here it seems to be cash in the bank.

Gazelda · 18/02/2024 10:09

My DM died when I was very young.

Her parents left their estate to their remaining DC (my aunts and uncles).

One of them told me at the time that there is a provision in his will for me (although I expect most will go to his own DC). The other aunts and uncle haven't mentioned anything and I've no expectation that they'll include me in their will. In fact, it's never crossed my mind whether they will or won't.

Losing my mum so young has made me fiercely independent. I had a different upbringing than my cousins, with far less love than they enjoyed. But, at the end of the day, it's made me who I am and I'm proud of what I've achieved.

My DH and I rowed when making our wills. He firmly believes every £ should be left to our DC. I made a provision for a proportion to go to charity in mine. It's important to me that my advantage benefits more than just my own family.

Inertia · 18/02/2024 10:09

The underlying issues here seem to be that 1) you have understandable fears about what will happen to your children if you die , and 2) you had notions about the closeness between your family and your sibling which your sibling does not reciprocate.

You can’t do anything about your sibling’s will. It’s hypocritical of him/her to accept financial help from family and then not consider the needs of other family members, but you can’t force his/her hand.

You should speak with your parents to explain that you are trying to plan for your children’s future in case you die before they reach adulthood, and ask whether they are mentioned in their will (usually your share would go to your children if you predecease your parents, so you need clarity on what’s been written).

You also need to speak with a solicitor about setting up trusts for your children from your share of property/ money , because there’s every chance that your husband will remarry and his new wife will inherit everything from him.

Outnumbered99 · 18/02/2024 10:07

BacktoBreathe · 18/02/2024 08:55

If I die before my parents then anything they have when they die will go to my sibling. And so then to charity.

Assuming my husband doesn’t remarry then my DC will inherit anything my husband owns at time of death. he personally won’t inherit anything from his family.

That seems weird OP standard in most Wills would be for your children to inherit- i would definitely ask your parents about changing this

UrsulaBelle · 18/02/2024 10:06

BacktoBreathe · 18/02/2024 08:55

If I die before my parents then anything they have when they die will go to my sibling. And so then to charity.

Assuming my husband doesn’t remarry then my DC will inherit anything my husband owns at time of death. he personally won’t inherit anything from his family.

This is quite unusual. Your inheritance share normally passes to the children in a typical will set up if you predecease your parents. Perhaps your parents haven’t rewritten their wills since you had children? If they died intestate, inheritance rules would give your children your ‘half share’ between them.

dottiedodah · 18/02/2024 10:05

Its your Sisters money ,but yes I would feel a bit put out that they wont even be giving them anything at all. Its difficult to say anything obv .However it is your DS money to do with as she thinks fit

dcadmamagain · 18/02/2024 10:03

BacktoBreathe · 18/02/2024 08:55

If I die before my parents then anything they have when they die will go to my sibling. And so then to charity.

Assuming my husband doesn’t remarry then my DC will inherit anything my husband owns at time of death. he personally won’t inherit anything from his family.

This is the easiest bit to try to resolve. Explain to your parents the impact of you dying before your sister - ask if they want to ensure that their grandchildren are protected that their will is changed so that if you die then your inheritance from Your parents would go to your children.

IamaRevenant · 18/02/2024 10:01

I mean you're obviously U as it's their money and choice, and would be very U to raise it with your sibling. But I also understand how you feel. I am childfree by choice and am likely to die before any of my siblings due to a life limiting illness. I'm married but my DH has an HA flat which we live in and are happy in so he has no need of money for a house purchase etc. As it stands he gets my pension and any savings, then my life insurance (a not insignificant amount - £1m) is split four ways - between DH and my three siblings, or if they die before me, their kids. I want to see my siblings and their kids set up in life (sibs all in low paid jobs) as well as DH have a decent amount.

I personally can't imagine giving it away to charity when there is a clear need amongst family members who I love and care about.

LakieLady · 18/02/2024 09:59

So sorry you're unwell, OP, but I think what your sister does with her money is her choice, and it's entirely understandable that she wants it to be used to help others after her death. She's been decent to tell you, so that you can factor this in to your own inheritance planning.

Rather than be angry with her, you'd do better to have a chat with your DPs about their will, in the hope that they specify that your "share" of their estate goes to your children should you pre-decease them.

ProvincialLady1 · 18/02/2024 09:57

MrsBennetsPoorNerves · 18/02/2024 09:52

That's an interesting take on it.

Arguably, it's far more individualistic to leave money to family if you know (or at least believe) that they will already be well provided for. If you truly believe in the concept of mutual responsibility, duty and caring for one another, then you might well choose to leave your money to a charity that will help those who are most in need of such support.

Well, that depends a lot on the financial set-up of the charity. Many get involved in dodgy things they shouldn't, and pay an awful lot for their own staff and overheads. It also depends on the financial situation of your own family, which from OP's post sounds far from ideal. Giving a donation regularly to charity while you're still alive is a good thing, making a gift in your will is good, but leaving the whole thing to the worthy but unknown 'end users' instead of your own loved ones who may be struggling, is not my idea of mutual responsibility and caring. I'd describe it as uncaring actually.

Idontgiveagriffindamn · 18/02/2024 09:57

I don’t think YABU to feel how you feel. It seems like it is tied up with you’re worry around your cancer and your children’s future.
I think it is strange that if you die your ‘share’ of your parents estate goes to your sister and not your children. Can you share your concerns with your parents and ask them whether they would consider changing this?

CraftyTaupeOtter · 18/02/2024 09:56

I've got my parents' wills here, so have just checked their provisions. If I die before my sibling, my share goes to my children equally. Are you sure this isn't the default position for wills for most people?