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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Another inheritance one

59 replies

Blacktoback · 26/04/2024 20:38

My Late Father passed away last April following a year long illness of cancer with brain metastases.
There is my Sister (A) and my half brother (B) and sister (C)
My Father really struggled with his illness, enduring chemotherapy and immunotherapy as well as surgical intervention. For the last part of his life he was confined to his bed, drank Whiskey and suffered personality changing UTI’s. Understandably he would get frustrated and angry over the smallest of things. During the late stages he would fall out with the four walls without any effort.
One day my Sister (A) went to visit him. He asked ‘A’ to action a deed on one of his properties (A is a solicitor working in commercial litigation). ‘A’ explained that she wasn’t an executor of the will or a POA therefore she wasn’t able to action this for him. An argument ensued and my Father threatened to cut ‘A’ out of the will. ‘A’ was then cut out of the will. 10 days then went by of my Father crying saying ‘it’s too late now’ and ‘I’ve made the biggest mistake’. ‘A’ was never put back in to the will.
The residual of the estate is left to me, ‘B’ and ‘C’.
‘B’ has a clause in the will where he is not able to access the money until he’s 30 due to issues surrounding recreation drug abuse.
‘C’ has access when she turns 21 which is 2 years away.
I have always maintained that I would half my share with my full sister ‘A’. However, as time goes by I am starting to feel slightly resentful. I know mortally it’s 100% the right decision to make, but I cannot ignore that she earns 3x my salary and a desirable property (which is mortgaged). I work in the NHS, I have a degree and I am advancing in my job field. There are no talks of spliting the residual 4 ways from my 2 other siblings.
Am I bitter in unreasonably thinking she would automatically earn the inheritance sum within 4 years due to the salary difference when it could be a really life changing sun to me?

OP posts:
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PropertyManager · 27/04/2024 09:36

Worth noting that if only OP is effected by the deed of variation the others don't have to agree to it, it only needs the authorisation of beneficiaries who will have their gift altered, if the result is they still get the same their agreement isn't required.

PropertyManager · 27/04/2024 09:32

Everyone suggesting giving the money are not thinking of the tax implications, if its not done via the will it is a gift from you (or the others), that will be counted as part of your estate if you should die in 7 years which could have IHT ramifications for your estate, also the gift could be liable for CGT.

The only proper way to do it is via a deed of variation, but the other beneficiaries do not have to agree to do this.

ChangeAgain2 · 27/04/2024 08:28

I'd ask the other siblings to consider doing a deed of variation so the inheritance is split 4 ways. Alternatively, I'd give your sister what you gained from the unfair split.

lolacherricoke · 27/04/2024 08:22

Ok so what you need to do is the right thing!
Get 2 other beneficiaries in a room and get them to agree that the money must be split 4 ways!
Then get this in writing and take to the solicitor who can and will deal with it.

You can then sleep at night knowing that you are a good person.

CountryMumof4 · 27/04/2024 08:19

So sorry for your loss OP. Sounds like you've all had a very difficult time.
It also sounds like you're keen to ensure your sister doesn't miss out, which is exactly how it should be. As others have said, the logical thing would be for you and your siblings to simply give her a proportion of your shares to ensure she ends up with 25%. Make it clear to the others that this is what you'll be doing and have a calm conversation (or send a group email) to suggest they also do the same. Hopefully, after consideration, they will. Money really does cause so many ructions within families. It sounds like you're doing your best to resolve this - good luck!

MarmitePizza · 27/04/2024 08:17

Blacktoback · 26/04/2024 22:00

Final will was read following his funeral.
I’m not understanding you on the term of bidding?

To “do someone’s bidding” just means to do what they have asked you to do. It’s just a normal but old-fashioned phrase, not a specialist legal term.

FlameTulip · 27/04/2024 08:14

I agree with the posters suggesting you give her a quarter of your share and suggest to B and C that they do the same.

WoodBurningStov · 27/04/2024 08:07

PrettySenior · 26/04/2024 20:45

I don't understand why you'd be expected to give half of your share to your sister? If anything you should give the portion of your share she would have received had the money been split 4 ways rather than 3 ways if you see what I mean. So you would be neither profiting nor losing out from your sister being cut out of the will. If your sister asks for or expects more than this she should speak to your half siblings. If she tries to pressure you about it I wouldn't give her anything.

Edited

What a nightmare, but this I think is the most reasonable resolution as you'd still get what you'd have if it was split equally

kiwiane · 27/04/2024 08:03

You should only give her the portion that you gained by her being cut out of the Will; the others can keep what they’ve inherited.

LoveWine123 · 27/04/2024 07:30

I feel really bad for your sister in this case. Her father passed away being upset with her and cut her out of his will and her sister is bitter about her earnings. I can only imagine how she is feeling in all this. For me this is not necessarily about money but about the fact her family doesn’t seem to care about her or at least this is how it might appear to her. If I were you, I’d consider whether your sister was more important to you than the money. Your life choices and earnings are not her fault. Also consider if giving her 50% of your share will make you bitter afterwards. Only you can decide what the right thing to do is, but if you value your sister I’d make sure she knows it, whether you give her the money or not.

Amx · 27/04/2024 06:23

How much difference between 25% and half? Money wise I mean.

Cem82 · 27/04/2024 01:03

I would email all siblings (cc them so everyone is on the same page) and spell out what happened as you did here - that your father in a confused/angry state altered the will and cut out your sibling which has meant an increase to the remaining siblings inheritance. Your father expressed regret repeatedly but never got around to changing it back before he passed. That you intend to give 25% (ie the proportion that your inheritance increased by) back to your sister as your father would have wished and you encourage everyone to consider giving her back her share! I would also point out that you would do it for any of your siblings and it is the fairest thing to do! I personally would not give her half my share - I would give back what I gained from her being cut and then pass it into my siblings to do the same!

Eggplant44 · 27/04/2024 00:38

FortunataTagnips · 26/04/2024 22:31

Have you actually spoken to your half-siblings about this? They may need it spelled out to them that A ought to receive her quarter of the estate from the three of you.

OP can spell it out to them but they have no legal obligation to agree to the arrangement.

caringcarer · 27/04/2024 00:24

I love my sister's so I'd share with any of them. I certainly wouldn't want to have bad feelings with any of them. It's not worth it. I would mention to other siblings what had happened and ask them if they like to share between all 4 equally though. See what they say.

SMabbutt · 27/04/2024 00:20

It's good that you want to try and reverse your father's action to cut your ds out of the will, but honestly I think you should consider giving her the money you received that would originally have gone to her, not 50%. If your father left £120,000 the each of you would have got £30,000. By cutting her out you would each end up with £40,000, an extra £10,000 ). So if you give her 1/4 of you inheritance you are returning what was diverted from her to you. This way you are doing your part and sharing the inheritance without unduly disadvantaging yourself. It's then up to your other siblings to consider their consciences. You are not responsible for decisions made by your Dad's or your siblings, and you absolutely shouldn't be the one to compensation your sister for money given to your other siblings.

PropertyManager · 26/04/2024 23:46

maxelly · 26/04/2024 22:47

Yes, this. OP I really think you need to explicitly talk to them about this. I think you're expecting a little bit too much of a 19 year old and (presumably) early 20 year old to (a) understand about the law around wills and the fact that even though the will says one thing, you can vary it if all parties agree and (b) to be thinking very fairly and reasonably about the feelings of and fairness towards a much older half sister who they don't have a particularly good relationship with. They've probably got £ signs in their eyes thinking about what to spend it on like you say, and as far as they're concerned she's 'rich' and sorted and doesn't even need the money (even you are having those thoughts and she's your full sister). Do they actually know how unreasonable your Dad was in cutting sister out of the will, and that he immediately regretted doing it and desperately wanted to take it back? I think they might need that gently but firmly spelling out to them. Honestly I think you owe it to your sister to try, she can't really do it herself, would just seem too grabby and awkward but if you are in touch with them all then you are better placed to do it...

But if he was that desperate to take it back he could of, OP says he went on about taking it back, but he didn't - drafting a will can be done at home, or in hospital, solicitors are used to rushing off to do deathbed wills.

PropertyManager · 26/04/2024 23:38

You should not split your share, it should be put to the beneficiaries, if you all decide to revert to the previous will then a deed of variation can be written altering the content of the final will to reflect the previous arrangement.

You have 2 years to do this, and it can only be done with the agreement of all beneficiaries. It also removes any tax implication if you split your share post will (if you give half of your inherited share to A it will count as part of your estate for IHT purposes for 7 years, meaning, should you die it will be clipped off your NRB first. via a deed of variation, it is included in DFs estate for IHT purposes.

Josette77 · 26/04/2024 23:02

I would explain to your brothers that your Dad regretted his decision and wanted A to have her share. Then ask them to split it 4 ways.

PotatoPudding · 26/04/2024 22:53

Shiveringinthecountry · 26/04/2024 21:32

This is terrible for A. If the rest of you are decent people you will all voluntarily have the estate split 4 ways. If not then IMO you should all be ashamed of yourselves.

Exactly this. She’s worked bloody hard to be a solicitor! My sister earns 3 times what I do and lives in a house. I don’t think she deserves less inheritance because of it. I honestly think you’re awful for even thinking this way.

MariaLuna · 26/04/2024 22:52

Awful you are going through this OP.

Always write a will and update it because you never know how life will work out.

ItsAllJustALittleBitOfHistoryRepeating · 26/04/2024 22:48

Im sorry for your loss.

I think you're getting a hard time OP. I say this as someone who was left £0 from father and his stepson given everything. He changed his will when he met his third wife to exclude his two small children and add in his wife's child.

I never fought, I never argued, I never asked and I knew it would never be offered. My father was very abusive and despite spending his whole life telling everyone he treats all the child re the same, the fact the he chose to cut out a small child who he knew was already living in poverty in favour of his new wife's child is what hurts. It doesn't matter if it was 50p or 50k. It's the emotional hurt an action like that causes.

It's clear to me that you're upset your sister was excluded and it sounds like at a time you were grieving you wanted to make it better and offered half of your share. It sounds to me like you're hurt that your siblings aren't upset she was excluded and have not offered to make things fair by spilling everything four ways.

I agree that her income shouldn't be relevant but it's really hard not take it into account with the state if the economy and costs if everything at the moment. I don't think you deserve the hard time you're getting for having second thoughts about not giving her half and I also think you have every right to have hoped your siblings include her but now they aren't and it's clear you're going to be leaving yourself with less than you should have had to make up for your fathers decision.

You sister must be hurt, and I imagine like me, it's bjt the amount of money, it's seeing that at least two of her siblings l know full well she should have been given a quarter and they seem ok with her not getting that. I can see why you feel disgruntled with them too.

You can't fix or maintain her relationship with your other siblings. You can only focus on yours with her and yours with them but you could mention to them you're giving her a share and maybe they'll think again themselves. If you were my sister I'd be ok with you not giving me half because I'd know it's unfair and also not what your dad wanted.

Let's say it's £100, You could mention to them you will be giving her a £25 of yours and if they both did the same you'd all have what should have rightfully been done in the first place and end up with £75 each. Maybe they'll see how crap it first one person to have the guilt and lose out in order to make it a little bit fairer for the one who has been excluded totally.

maxelly · 26/04/2024 22:47

FortunataTagnips · 26/04/2024 22:31

Have you actually spoken to your half-siblings about this? They may need it spelled out to them that A ought to receive her quarter of the estate from the three of you.

Yes, this. OP I really think you need to explicitly talk to them about this. I think you're expecting a little bit too much of a 19 year old and (presumably) early 20 year old to (a) understand about the law around wills and the fact that even though the will says one thing, you can vary it if all parties agree and (b) to be thinking very fairly and reasonably about the feelings of and fairness towards a much older half sister who they don't have a particularly good relationship with. They've probably got £ signs in their eyes thinking about what to spend it on like you say, and as far as they're concerned she's 'rich' and sorted and doesn't even need the money (even you are having those thoughts and she's your full sister). Do they actually know how unreasonable your Dad was in cutting sister out of the will, and that he immediately regretted doing it and desperately wanted to take it back? I think they might need that gently but firmly spelling out to them. Honestly I think you owe it to your sister to try, she can't really do it herself, would just seem too grabby and awkward but if you are in touch with them all then you are better placed to do it...

FortunataTagnips · 26/04/2024 22:31

Have you actually spoken to your half-siblings about this? They may need it spelled out to them that A ought to receive her quarter of the estate from the three of you.

mdinbc · 26/04/2024 22:28

I tend to agree with Anameisthename and give your sister the difference between the original 25% and the new 33%.

Unless you had previously verbally agreed to split your portion in half with your sister; then I think you should stick to that arrangement.

Blacktoback · 26/04/2024 22:17

Eyesopenwideawake · 26/04/2024 22:06

If she happened to earn less than you, would you give her a larger portion?

This is really insightful

OP posts: