Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Our cousins took our inheritance and gave it to their mother, I feel I can't carry on acting as if nothing has happened

438 replies

NeshButUpNorth · 16/12/2024 11:17

My deceased mother had brothers and a sister. One deceased brother and the surviving sister (i.e. our aunt) had kids. We used to go on shared holidays twice a year with our aunt's kids, we've always got on well.

Our bachelor uncle died 2 years ago, with no will. When we were chatting a few months later, my aunt's eldest told me that they were going to try to "so what my uncle would have wanted". I assumed my cousin would contact me and my sister in the future to discuss this, since they would need us to sign off anything that would change the legally defined distribution (which is 1/6 each to me and my sister), since it would be a criminal offence to do otherwise, which my cousin must know, since their spouse is a director of a legal company.

A few months after my uncle died, my sister was diagnosed with incurable cancer, with months, possibly a year or two to live. She had to go on sick leave for the chemo and radiation treatment, etc. After 6 months, her sick pay dropped to 50%, and after a year was due to end. She asked me what was happening with our uncle's estate, this being around 18 months after he died, with the house sold 6 months previously. I had received no updates, so she sent a facebook message to our cousin who was dealing with the estate, asking for an update and she described her health/finance situation. To our surprise, our cousin told us that they had given all the money to my aunt, rather than the 1/3 share the law defined.

I was baffled why they'd do this without getting legal documents with our consent first. Before I had a chance to form any further opinion, my cousins blocked my sister on messenger and unfriended her on Facebook. I assume that they think that she has done something so awful that she should be shunned and disowned.

Since then, my sister has had no birthday cards from them or my aunt, and no Christmas cards so far, whereas they've carried on liking my family updates on facebook, and have sent me cheery Christmas cards which arrived a couple of days ago. My sister is dwelling on the idea that they've lied on the probate forms, pretending that our mother never existed.

I just feel queasy and sick about it, how can I carry on as normal with them, or visit them at Christmas, even though my sister has told me she doesn't want this to oblige me to distance myself.
I want to explain to them how upsetting this has been, I've lost lots of sleep over this over the past few months, but now Christmas is coming, I feel I should say something, surely if I don't it will look like tacit agreement that I agree with their actions.

I was thinking of writing to my cousin, telling them how unhappy and sad this makes me feel. I feel that they have been so unfair in acting as if my sister has done something wrong, whereas they did not tell us what they planned (hence us having to ask for an update), whereas they have in fact committed a criminal offence (which I might not highlight). I had been wishfully imagining that my aunt might be unaware of all this, but then when I woke up too early again today fretting about this, I realised that if she hasn't sent my sister a Christmas card, then she must know all about it.

Initially I had been thinking for months to send a letter explaining how I feel to my cousin. Then after realising that my aunt must know about this, I've been trying to write a letter to send to my aunt this morning, to send with a Christmas card, since she asked how we are in the card she sent to me.
Surely that's the best option. Then I felt ill writing it, then decided to ask for advice here.

I definitely can't just carry on as normal, and I don't think I can say nothing.

OP posts:
Thread gallery
12
mugglewump · 16/12/2024 13:04

If someone dies intestate, the estate goes to the next of kin, which assumably was your aunt. This is what has happened, rather than your cousin arbitrarily choosing for the estate to go to his mother. Perhaps he felt that it was too much hassle to fight to change it to a different distribution, as well as feeling guilty that this is what the law decreed and he couldn't be bothered to try to contest it. If you want to contest it, you can either ask your aunt to bequeath part of that estate to you in her will, or ask her for a gift now (assuming she will live for more than 7 years, otherwise only £3k is allowed as a gift). The only other alternative is a costly battle through the courts where you will have to prove that it was your uncle wish for his estate to be divided equally between his nieces and nephews. I am not sure how easy this would be.

As for your aunt and cousin giving you the cold shoulder, this could be partly guilt or fear of confrontation. The whole inheritance thing is awful IMO, I think it would be much better if everyone's estate went to the state, so these kind of very common family disputes didn't happen anymore. If this sounds crazy, my mother died before my grandmother, and my aunt had her mother change her will to leave her fairly sizable estate to her only, rather than split my mothers half between my sisters and me. We had a choice, fight it, hate it or accept it. I chose to accept because I didn't want the stress of the fight and I didn't think it was fair on my deceased family members to create rancoeur with our relatives. However, I do wish that we were never put in this situation and I am secretly pleased that my aunt's farm will be subject to inherritance tax now!!!

CherryFlan · 16/12/2024 13:04

Dotto · 16/12/2024 12:58

OP doesn't even need a solicitor. They need to talk to the body who is responsible for issuing the grant of probate, as they have powers to act. A solicitor would only be doing the same thing.

Don't waste money on leech solicitors. This is a very simple case.

They don't and it isn't.

marmia1234 · 16/12/2024 13:03

Silly uncle not making a will. And giving probate to a husband and wife when their are other relatives is a recipe for disaster . Get a solicitors letter sent tomorrow outlining everything you know, including all family, all dates of deaths, intestacy rules etc,

uhohjojo · 16/12/2024 13:02

NeshButUpNorth · 16/12/2024 12:39

no, I need to talk to my sister again about this, she didn't seem keen to sue, but I should discuss it again I think

Please sue, or at the very least threaten to sue. It's just wrong for someone to take money that isn't theirs by rights, there's a moral dimension to all this. It reflects on the whole family, and younger members may well feel rotten about it if they become aware in future that money they inherited was not rightfully theirs.

It should be sorted out and seen to be done properly. Hopefully, just pointing out that you know the law, and have a legal case may trigger a resolution.

NeshButUpNorth · 16/12/2024 13:00

MissScarletInTheBallroom · 16/12/2024 12:45

Ultimately OP, you need to decide whether to sue the executor for your share of the estate, or let it go.

Personally I would sue them for it, but then I never let anything go.

I think your relationship is dead either way.

agreed

OP posts:
AuntyEntropy · 16/12/2024 13:00

CheeseSandwich2 · 16/12/2024 12:53

I’m a bit confused as to why the sister wouldn’t be the NOK as my father in law was in the exact same situation recently. His sister died a spinster with no children. She’d never made a will and her estate has passed to him. How is that any different?

Did they have any other siblings/nieces/nephews though?

If you die with no parents/spouse/children/ grandchildren then your estate is split between your siblings in equal shares. If any of them are already dead then their children get their parent's share.

AnonymousBleep · 16/12/2024 12:59

FizzyBisto · 16/12/2024 12:53

To be fair to these despicable people, they may not have necessarily lied about the existence of OP's Mum, IF they cited their own mother as next of kin.

Next of kin can be a slightly woolly term, legally speaking, but it is generally understood to refer to a living member of the family - so I don't think it's necessarily wrong to say that she is the NoK.

This isn't just about next of kin, though; it's about legally-prescribed inheritance rights - the two are frequently not the same.

One of them works in the legal sphere so it's a bit unlikely they didn't know exactly what they were doing here!

DowntonNabby · 16/12/2024 12:59

NavyTurtle · 16/12/2024 12:09

Your estate is divided equally between the nearest equal relationship - so that will the the sister. Look it up - I was in law.

"I was in law" – are you sure that's not a typo and you were in lawns? Because you are completely incorrect. This is from the Govt's website about intestacy. OP has been robbed of her rightful share.

Our cousins took our inheritance and gave it to their mother, I feel I can't carry on acting as if nothing has happened
Dotto · 16/12/2024 12:58

OP doesn't even need a solicitor. They need to talk to the body who is responsible for issuing the grant of probate, as they have powers to act. A solicitor would only be doing the same thing.

Don't waste money on leech solicitors. This is a very simple case.

Another2Cats · 16/12/2024 12:58

hydriotaphia · 16/12/2024 12:20

So you would be suing for £30k? Sadly that is a very tight margin. Less than either side's costs of taking a case to a full trial. If considering suing, you need to speak to a lawyer (a specialist probate lawyer, and ask for specialist counsel's opinion, not a high street solicitor) regarding prospects of success before proceeding. People have linked to the government website but someone needs to look at the facts of your individual case (including anything that was said and done before or after your uncle's death that may have changed the default position) before commencing any litigation. You will be on risk for costs if you commence litigation.

"(including anything that was said and done before or after your uncle's death that may have changed the default position)"

That's an interesting comment. What sort of thing might cause that to happen? Especially after death?

Are you thinking about something like a "deathbed will"?

WearyAuldWumman · 16/12/2024 12:57

Another2Cats · 16/12/2024 12:49

"Look it up - I was in law."

But clearly not in England or Wales where the OP lives

It's not the case in Scotland either. I had a Great-Uncle who died intestate. He came from a large family. Where NoK had died, their share was divided amongst their heirs.

Lawyers had to deal with it, because of the complications. One relative had two children and one adopted child. The adopted child couldn't be traced, so some kind of an insurance bond had to be set up to cover their share.

Carodebalo · 16/12/2024 12:56

I don’t understand you are here on mumsnet asking for opinions. You need to get a solicitor and take back what is rightfully yours. If not for yourself then at least for your sister. Do you seriously think that writing them a letter is going to achieve anything after what’s happened? Come on OP, YABU for how you’ve handled this so far! (But YANBU for wanting the inheritance.)

Codlingmoths · 16/12/2024 12:55

I’d sue, fuck them. If he’s a lawyer he’d know exactly how wrong this is.

Dotto · 16/12/2024 12:55

If they applied for the grant online they will have filled out a form and lied about other relatives. If their solicitor applied for the grant they will have lied to the solicitor.

Cailleach1 · 16/12/2024 12:54

You might tell them how saddened and shocked you are about how they are being so dishonest in the execution of the will. Especially in effectively stealing from your sister who has cancer.

WearyAuldWumman · 16/12/2024 12:53

AuntyEntropy · 16/12/2024 12:46

Would you be prepared to hand over your share of the inheritance to your struggling sister? I'm just asking because that might put you on a better moral footing to fight this on her behalf.

Then I'd send a letter to cousin and aunt, and also ring them saying "I gather from DSis that all of Uncle X's estate has been given to Aunt. As you must know, that is not the correct legal position. If you had asked me and my sister to formally relinquish our share on the basis that it's what uncle X would have wanted then we would have considered it. But instead you have ignored us and written our DMum out of history. In addition, DSis's illness has left her in a financially difficult position and she now really needs her share of the inheritance [and mine as well which I will hand over to her / optional].

If you are not prepared to distribute Uncle X's estate in accordance with the law I'm afraid we will have to seek legal assistance."

IMO the OP should not state that she is willing to hand over her share to anyone else, not even her sister. This will just muddy the waters when dealing with her crooked relatives.

CheeseSandwich2 · 16/12/2024 12:53

I’m a bit confused as to why the sister wouldn’t be the NOK as my father in law was in the exact same situation recently. His sister died a spinster with no children. She’d never made a will and her estate has passed to him. How is that any different?

FizzyBisto · 16/12/2024 12:53

AnonymousBleep · 16/12/2024 12:41

So they've clearly lied about the existence of your mum.

What despicable people. Please follow this up OP and get the money for yourself and your sister. As others have said, if your uncle genuinely wanted this outcome, he'd have made a will stating it. He didn't. And your greedy cousin and spouse have not only made sure the money will eventually come to them, but they've actually had the gall to cut off your terminally ill sister because she dared ask about it. Awful, awful people.

You need to protect your sister now. The right thing to do is to get the money that is rightfully yours. These arseholes clearly expect you just to meekly roll over (and tbh it looks like they're not wrong about that). Don't let them!

Edited

To be fair to these despicable people, they may not have necessarily lied about the existence of OP's Mum, IF they cited their own mother as next of kin.

Next of kin can be a slightly woolly term, legally speaking, but it is generally understood to refer to a living member of the family - so I don't think it's necessarily wrong to say that she is the NoK.

This isn't just about next of kin, though; it's about legally-prescribed inheritance rights - the two are frequently not the same.

Whereis · 16/12/2024 12:53

NavyTurtle · 16/12/2024 12:09

Your estate is divided equally between the nearest equal relationship - so that will the the sister. Look it up - I was in law.

Hopefully you weren’t in probate because this is incorrect.

FeegleFrenzy · 16/12/2024 12:53

I would absolutely follow this up legally. Previous posters are correct, your relationship is dead regardless.

DH had similar happen to him when his grandmother died. Dh’s dad had previously died so he should have inherited his dad’s share (there was actually a will). But grandma had been doing something with the aunt (dh’s aunt) where grandma was giving aunt 10k a year for years for “safekeeping” on the understanding it would be split after she died. Of course aunt kept the lot and there was nothing in writing so nothing we could do. DH doesn’t have a relationship with his aunt or cousins anymore but in my mind it’s no loss as they’re total scum. Who steals off their dead siblings kids?

WearyAuldWumman · 16/12/2024 12:51

NeshButUpNorth · 16/12/2024 12:35

I have a copy of the grant of probate, the estate admins are my cousin+spouse, my cousin told my sister that all the cash has already been sent to my aunt "as next of kin".

In that case, it's clear that the law has been broken. The aunt is only one next of kin, since your uncle had more than one sibling.

Dotto · 16/12/2024 12:50

Courts and Tribunals Service Centre
[email protected]
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm

Another2Cats · 16/12/2024 12:49

NavyTurtle · 16/12/2024 12:09

Your estate is divided equally between the nearest equal relationship - so that will the the sister. Look it up - I was in law.

"Look it up - I was in law."

But clearly not in England or Wales where the OP lives

Lavenderfarmcottage · 16/12/2024 12:49

You need to take legal action sooner rather than later as there are limitations probably.

If the money is spent it would be hard to obtain even if the court rules in your favour, depending on what wealth they have & whether they’ve spent it.

They will put their own spiel on it - that their Mother looked after you Grandmother or she spoke of writing you all out, if there’s a a story they’ll be spinning it.

In terms of your sister being shunned, you’re next, if you mention this will.

Keep in kind that even if you’d stayed friendly it would be never anything beyond a fluffy and small talk relationship. These people don’t have integrity nor do they truly care about you.

Your priority is yourself and your family and your dear sister. Life is short and people will say this money doesn’t matter but it does because money buys time and energy and memories, health longevity and education. It would make your sisters life easier.

I think you should lawyer up depending on the amount and take them to court.

Pickled21 · 16/12/2024 12:48

You are clearly a non confrontational type of person. Why would you even consider a relationship when they have created your dsis so poorly? You both had a right to be consulted before they just gave your share to the aunt. I would absolutely pursue this legally.

Swipe left for the next trending thread