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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Would it BU of us to write our Will this way?

57 replies

WillOrNot · 06/09/2024 07:28

NC for this

My husband is an only child, as are both of his parents so there’s literally no family on his side (parents Uncles/Aunts long since gone, never known any of their kids)

I have several siblings, I’m the only one who is child free. Siblings are comfortable financially - mortgage free, holidays abroad etc. Except one who rents a room in a shared house. He’s made some bad decisions over the years but he’s also had some bad luck

We’re thinking that we might say he can live in our house rent free for as long as he needs to and then it’s to be sold and the money split between our army of nieces and nephews. This would of course mean that they’d have to wait for their money, which we know that they’re expecting because of comments made over the years (although we’ve never said what our plans are)

I’d really appreciate outside opinions on this, and any possible issues anyone can think if we do go down this route

We’re obviously aware that these things can cause huge upset for the people left behind, which we don’t want to do, but we ultimately feel that it’s our choice and no one is entitled to anything

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Diarygirlqueen · 06/09/2024 11:30

I think you and your partner are lovely people considering everyone's needs. I have a large family and one of my siblings struggles much more than the rest of us, all of us always try to help her. In your position, I would leave 50% to my DB and share the remaining to your nieces and nephews. I think leaving him to live his days out has problems. They also have an inheritance coming from their parents, I would assume, so I think this is fair. You see what people are really like when money is involved.

RedHelenB · 06/09/2024 10:13

Dragonsandcats · 06/09/2024 07:31

I would probably change as long as he needs to, to a set amount of time/for his lifetime so he doesn’t get hassled to move out? Would that be practical?

This.

Hoppinggreen · 06/09/2024 09:57

Slightly different situation but my Mum left her house to me and my brother with the proviso that her partner can live there for as long as he wants - we can't sell it without his written permission. His daughter has his POA and is determined not to make things easy for us.
I don't really care about the money, my Mum had an illness that meant I assumed anything she had would be needed for care so I was expecting nothing at all BUT its a very difficult situation for the following reasons
Me and DBro have no closure, all my Mums things are there and he has completely neglected the garden that meant so much to her. I don't visit as its too hard (appreciate this probably won't be an issue as you don't have DC)
He has dementia and there are carers going regularly but he would actually be better in a home (my Mum actually said that to me before she died) but because he has somewhere to live he can't access the help he needs. In the 6 months before she died they had started discussing moving to sheltered housing or similar and they were getting to that point of needing it I think
The house is starting to deteriorate and getting him to maintain it (a condition of the will) is difficult as we have to deal with his daughter who sees no reason to
Its a struggle to get him to pay any costs associated with the house such as management charges, again this is a condition of the will.
With hindsight my Mum should have really put a time limit on it but we always assumed he would die first as he is older than she was with a couple of health conditions. IF she had done this then he could have done a slow transition into somewhere where he is more supported with regular company and proper care instead of stubbornly living in a house where he is mostly alone surrounded by reminders of my Mum and carers calling in for 15 minutes at a time that will increasingly not meet his needs - its too big and he is starting to struggle with stairs.
Before anyone criticises me for not doing more I don't like him and tolerated him for my Mum and he has 2 daughters and 4 nephews who can help him if they choose to.

CrossUniStudent · 06/09/2024 09:48

They have no right to your money. It might feel different if they were your children but they're not so tough luck if they don't like it. They should be grateful for anything they get!

IreneGoodnight · 06/09/2024 09:43

No kids and just changed our wills leaving everything to each other and then split evenly between 10 reputable charities. None of our relatives needs our money. We've been very good to them in the past but it's all been taken for granted and the favours continue to go one way. Decided none of our lot deserve to inherit from us and we're happy that our money will benefit people who really do need some help.

PashaMinaMio · 06/09/2024 09:39

HateThese4Leggedbeasts · 06/09/2024 07:45

I think I would just leave that person a share of the estate and make it easier.

This is the best advice I’ve seen so far.

Get everything liquidated & leave him a share. He can then use it for a deposit for a better rental or whatever his need is at the time.

If he lives rent free who is going to maintain the place? It could cause a lot of stress for your extended family/inheritors at the time the roof starts leaking, the boiler fails, the windows fall apart. Who will sort and pay for that?

summitesay · 06/09/2024 09:32

Would I lt be easier to leave an amount to him and then split rest between dns? So he could use it as he chooses.

Or split it between him and dns.

By giving him a free rental he is restricted to where he lives. It may not be suitable for work/ relationship. In which case the house is sold and he gets nothing.

Family may also pressure him to sell/ fall out with him.

48Hourss · 06/09/2024 09:25

This has disaster written all over it! Just leave the house to him and let him decide where it goes in his will. Fuck the grabby ones who expect things, that's not on.

WhereYouLeftIt · 06/09/2024 09:03

"This would of course mean that they’d have to wait for their money, which we know that they’re expecting because of comments made over the years (although we’ve never said what our plans are)"

That is very predatory of them. I would not want to leave as much as a brass farthing to such people.

I think I'd start casually mentioning what my plans were. The plans I'd voice would be totally fictitious, involving donkey rescues, medical research, clean water - whatever charity request next comes through the post/on daytime TV. Let them get shirty at that, but I'd definitely introduce them all to the idea that they will be getting nothing.

I'd then draw up my will to have that brother as my sole beneficiary.

InsensibleMe · 06/09/2024 08:58

I would be thrilled if this was me. I’d AirBnB it straightaway, and live in SE Asia for the rest of my life.
Or turn it into a crack den. Not sure which.

BIossomtoes · 06/09/2024 08:53

WillOrNot · 06/09/2024 08:06

We have seriously considered leaving it all to charity, we’d actually like to do that but we know that’d cause resentment

I actually had a thread on here about it and strangely enough lots of people said I was BU not to leave everything to family, although many also said different

I’d definitely leave everything to charity if that’s what you really want. Don’t tell your family, the resentment won’t matter if they don’t know in advance because you’ll be dead when they find out.

stonebrambleboy · 06/09/2024 08:53

Please don't leave anything to the grabby folk. Look after your brother.

GargoylesofBeelzebub · 06/09/2024 08:50

My childless great uncle has written his will so that his estate is split evenly between his living nephews and his great nieces and nephews. That seems fairest.

Sciencestyle · 06/09/2024 08:46

WillOrNot · 06/09/2024 08:00

Some very interesting thoughts, thank you all

To address a few things:

Yes, sorry I do mean he would live in it for life

Hadn’t thought about maintenance but I really think he could manage that under his circumstances. But if his health fails…

Yes I totally agree there’s been some grabby comments! These have actually come from some of my siblings rather than nieces and nephews

Confident there’ll be no more bad decisions from him, these were years ago when he was young and stupid LOL

He is a similar age to us so yes it will all be irrelevant if we outlive him

Hadn’t even thought about leaving the house to him, actually not a bad idea. Will think about that

A properly written immediate post death interest trust will provide for him to live there for his life, or to downsize, at which point any capital freed up can be distributed amongst the other beneficiaries, or held on trust with him entitled to its income (ie interest)

It needs to be done properly, and will then work fine, but only a solicitor can really draw up such a thing correctly.

junebirthdaygirl · 06/09/2024 08:40

As you get older you may need some support to live at home. One of your nieces/ nephews may step up to help you both from kindness not grabbing. You may want to leave it all to them. Also if you die first an inheritance from your unrelated dh may incur serious inheritance tax for your dB or even the others. It would in lreland anyway.
This may be a mad thought but could you sell your home now and buy 2 apartments. A small one that your DB lives in for his life and a bigger one for you both that can be distributed immediately after death.
A lot to think about.

ConfusedBear · 06/09/2024 08:40

@WillOrNot sorry I didn't get to edit my post in time. I wouldn't have suggested it if I'd realised it wasn't possible.

WillOrNot · 06/09/2024 08:37

We’re not in a position to help him now, we definitely would if we could

Nice thought though

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ConfusedBear · 06/09/2024 08:36

WillOrNot · 06/09/2024 08:11

”It would probably make the most difference to the life of your DB. He’s the one who needs it most and you could give him the gift of a comfortable future”

Our thoughts exactly @Veebee89

Is it possible for you to give your brother any help now while you are all alive, well and relatively young?

I'm not sure what help would be useful, maybe a pension review for him and looking at what plans he has for his old age. Or seeing it is possible to give him smaller amounts of money now to pass onto his children if it would be of use to them. There might be a small thing you can do now which will be of more help than possible help in the future if his younger sister predeceased him.

Cross posted - just seen you have mentioned potentially using equity release so my suggestion is likely not possible.

WillOrNot · 06/09/2024 08:36

ViciousCurrentBun we have also considered equity release as well, not ruling that out

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Lamelie · 06/09/2024 08:27

NeedToChangeName · 06/09/2024 07:34

Your house might not be suitable for him long term. And who would pay bills and repairs? What if he nakes further bad decisions?

Perhaps better to set up a trust, with him as key beneficiary, so trustees can use your funds to support him, but retain control of how the money is spent

I'd suggest explain decision to nieces and nephews but v much in a " this is what we've done" not "this is what we're thinking of"

Not with a barge poll. The money will be spent on fees.
OP, I’d just leave him the house.
Your estate would get to the nephews nieces eventually and they deserve to wait for mentioning it to you. Greedy fuckers.

ViciousCurrentBun · 06/09/2024 08:18

My friend has never married or had children and lives alone. Her sister is fine and her adult nephew has certainly made it known he expects to inherit everything of hers. She is asset rich and cash poor as has a small pension and has never ever lived with anyone so everything has been on her. She is thinking of doing equity release because she doesn’t care how much she leaves now because of his grabby attitude.

WillOrNot · 06/09/2024 08:17

We’re all in our 50s, I’m the youngest

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WillOrNot · 06/09/2024 08:15

I do agree there’s massive grabbiness (is that even a word?) going on. As I said earlier, comments have been from some of my siblings rather than nieces and nephews but we do feel that some of them feel the same

I couldn’t imagine having such thoughts about someone else’s money

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ViciousCurrentBun · 06/09/2024 08:15

When your dead resentment is irrelevant.

What you need to do is think about what makes you happy and what you actually want. Put aside what any other person has said or intimated over the years and concentrate on what you both want.

You haven’t said what stage of life you are at either.

WillOrNot · 06/09/2024 08:11

”It would probably make the most difference to the life of your DB. He’s the one who needs it most and you could give him the gift of a comfortable future”

Our thoughts exactly @Veebee89

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