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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

OP posts:
Flibflobflibflob · 06/09/2024 08:11

Jeez I have a childfree sibling, I’ve never thought about their assets, it’s so grabby.

Candleabra · 06/09/2024 08:10

Your nieces and nephews are making “comments” that they’re expecting an inheritance? How rude!

Veebee89 · 06/09/2024 08:06

If your DB lives locally and the house would suit his needs then it could work.

But it’s surely better to leave your DB a good chunk of your inheritance (50%?) to buy a flat and then split the remainder between your nieces and nephews.

Your nieces and nephews will get inheritance from their parents, who sound comfortably off and so they’re unlikely to need your inheritance. They also sound very entitled if they’re expecting it.

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. It also has much more value for him to be able to choose a place of his own than feeling like he’s squatting in his deceased sister’s house.

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

OP posts:
NeedToChangeName · 06/09/2024 08:05

badgerpatrol · 06/09/2024 08:03

Yes, quite!
I'm shocked those conversations have been had amongst your nieces and nephews, and it sounds as if they have wealthy/comfortable parents who they will inherit from.

Can't you just leave the bulk of estate to your DB? The rest getting a small amount. You can explain why before or leave it to the executors. He will be elderly when he inherits (assuming you live a long life and he does too) and they will receive his estate (His inheritance) when he passes

Brother could leave the estate to the donkey sanctuary. If OP wants her nieces and nephews to inherit eventually, a trust would achieve that

Kelly51 · 06/09/2024 08:03

which we know that they’re expecting because of comments made over the years
nothing for them then!!
Dependent on the value of your home; if enough could it be sold with enough to your DB to buy a flat and if you wanted leave small amounts to the grabby gang?
If he's had struggles, taking in a house might be overwhelming and costly for him. You could draw up a trust where the money is managed and the house sale etc taken care of and that way you'd know a flat would definitely be secured for him.

DisforDarkChocolate · 06/09/2024 08:03

I'd leave a token amount to your nieces and nephews and the rest to your brother.

I think parents need to treat their children the same in most circumstances, wider family are different.

badgerpatrol · 06/09/2024 08:03

Yes, quite!
I'm shocked those conversations have been had amongst your nieces and nephews, and it sounds as if they have wealthy/comfortable parents who they will inherit from.

Can't you just leave the bulk of estate to your DB? The rest getting a small amount. You can explain why before or leave it to the executors. He will be elderly when he inherits (assuming you live a long life and he does too) and they will receive his estate (His inheritance) when he passes

Itsjustmeheretoday · 06/09/2024 08:00

GeorgesMarvelousCalpol · 06/09/2024 07:47

I'll be honest. I'd just leave the house to your brother. Why do all your N&N get it?
They're not your children, so to be out didn't need to be "fair/ even".

I've just realised I read the OP wrong. I'd do this too, or give brother 50% and spilt the other 50% between N&N. It doesn't sound like the N&N need it anyway given their parents are all well off

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

OP posts:
BrutusMcDogface · 06/09/2024 07:58

If I had a bunch of nieces and nephews who had discussed getting my money when I died, they’d get fuck all.

split it evenly between your siblings, in the interests of fairness. Then, they can divide it between their own children if they so desire.

Or, give it to the dogs trust.

theduchessofspork · 06/09/2024 07:56

It’s a good idea - though you’d have to specify for his lifetime.

However as pp points out, he probably couldn’t afford to run or maintain it - so I’d see a solicitor, organise the money from the sale into a trust, that will be used for his lifetime to support him (you could specify this includes buying a small flat for him to live in).

Upon his death the trust is dissolved and the capital distributed between your nieces and nephews.

It’s not just reasonable - it’s the right thing to do. Do tell everyone that’s what’s happening though, which will avoid fall out after you are gone. There might be some low level squawking when you tell them, but it’s so evidently reasonable there won’t be much.

GiveMeSomeWaterItsHot · 06/09/2024 07:55

It’s your money, do what you like. Your family didn’t buy the house and they have no right to an inheritance. If they get anything from you, it should be seen as a nice ‘bonus’, not expected.

huuskymam · 06/09/2024 07:50

I'd be leaving if all to charity and dash their expectations and grabby comments.

Nottodaty · 06/09/2024 07:49

It’s a lovely idea. But as other mentioned it’s the upkeep.

Ive seen a suituation where the step mum has been allowed to stay in the family home. The problem was once the roof needed work - she didn’t want to pay to repair it and one of the siblings couldn’t afford to pay their share. It
got messy as then her daughter family moved in & it was difficult when the step mum did pass to ‘evict’ a grieving family.

mitogoshi · 06/09/2024 07:48

I would echo what others have said, assuming you are close in age to your brother this may not be wise. I would put your estate into a trust that during his lifetime pays the annual profit to him then on his death is wound up and split between your relatives. I've seen this done where the person has capacity but also has made bad decisions.

Do also be aware that whichever of you outlives the other can change your will

Ladyandherspaniel · 06/09/2024 07:48

But surely if you're leaving the house to him for as long as he needs it, what about if he never gets back on his feet or uses it to house him and his family for a long time with no hurry to fund his own living arrangements this could cause problems later on, or what if he lands on his feet and he starts making a lot of money yet still living rent free in your house and the others may never get their money if it's never sold.

Best off making it a bit more clearer in time scales. Or selling it completely and giving him the money for housing himself to prevwnt arguments later on in the family if he literally never moves out.

GeorgesMarvelousCalpol · 06/09/2024 07:47

I'll be honest. I'd just leave the house to your brother. Why do all your N&N get it?
They're not your children, so to be out didn't need to be "fair/ even".

Florafleur · 06/09/2024 07:47

We have just made a similar arrangement on my house, for my partner, able to stay here until his death when DC’s will inherit.

The solicitor talked us through the options, implications of each and then worded the wills accordingly.

There was consideration of who maintains, pays bills, what if my DP wants to downsize, what happens if he as to go into a care home, meaning of a trust etc.

Worth legal advice. (£500) for our two wills to be advised on and written correctly. Completed in two weeks.

HateThese4Leggedbeasts · 06/09/2024 07:45

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

hepsitemiz · 06/09/2024 07:44

Your nephews and nieces sound grabby…

Realistically if you live a long life then your brother will take on a large house in old age when he may not have the funds or the wherewithal to keep it in good condition.

On the other hand, again if you live a full life and your aging brother moves in, the nephews and nieces won’t be waiting all that long for what they seem to think is their due.

GETTINGLIKEMYMOTHER · 06/09/2024 07:43

I agree with @Midgetwithaplan .
What if e.g. the boiler needs replacing, or any other major expense associated with a house?
I think I’d specify a percentage of whatever the cash total turns out to be.

Canyousewcushions · 06/09/2024 07:41

As a PS I wasn't remotely bitter about possibly waiting for my inheritance if the house was occupied- to be honest I hadn't expected to directly inherit because money often goes to the older generation/closest relatives rather than skipping a over generation.

It was nice to know I'd be in line for a bonus someday though!!

DillyDilly · 06/09/2024 07:41

I think you’d need tighter wording than - for as long as he needs. It might be better than he can live there for the remainder of his life. Also, you need to consider who will be responsible for maintenance/upkeep of the house.

myfavouritemutant · 06/09/2024 07:40

Might it be simpler to leave him eg 50%, with the other half split between the nephews and nieces?