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AIBU?

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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:
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Bachboo · 16/12/2024 12:23

They have committed fraud and therefore is an offence. As suggested above write to the your cousin and say that if you and your sister do not rightfully receive your into will not only sue but will report this to the police.

AuntyEntropy · 16/12/2024 12:22

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.

In England?

ARichtGoodDram · 16/12/2024 12:21

Keep in mind @NeshButUpNorth when they start complaining about you and your sister being money grabbing that they stole from you.

they stole from you and they stole from your sister while she was having chemo!

There are only one set of money grabbers in this case.

And if your uncle wanted their mother to be the sole beneficiary then he’d have made a will saying so…

Gasp0deTheW0nderD0g · 16/12/2024 12:21

Tricho · 16/12/2024 11:40

Really very wrong.

The amount of people on here who resolutely give incorrect advice is astonishing

It really is. Quite an eye opener.

I'm with those who say your cousins have already killed your relationship with them. Your sister needs that money, OP. Get to work on the legal side right away. They are clearly relying on you and your sister being pushovers. Don't let them get away with it.

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.

Ballygowenwater · 16/12/2024 12:19

Have you spoken to your other cousins about this?

Garlicwest · 16/12/2024 12:18

EzraJones · 16/12/2024 12:13

JFC, it's even on the UK gov website, with a nice easy to follow system:

https://www.gov.uk/inherits-someone-dies-without-will

It's bizarre that so many people are asserting 'facts' without checking this really simple guide.

Our cousins took our inheritance and gave it to their mother, I feel I can't carry on acting as if nothing has happened
MisterPNumber23 · 16/12/2024 12:16

NeshButUpNorth · 16/12/2024 11:36

I have felt like that, but am trying to find the least destructive course of action, which may well be pointless I know.

Completely pointless.

Dotto · 16/12/2024 12:15

With a property to sell they will have had to apply for a Grant of Letters of Administration.

Contact the probate court for advice.

Consider that the fees a solicitor would charge may wipe out a great deal of the inheritance, and if the DIY route is feasible.

Manara · 16/12/2024 12:14

That's horrible. I would fight for my share.

And go NC with cousins.

Waterweight · 16/12/2024 12:14

You are being unreasonable to not advocate for yourself & your ill sister - get a copy of the probate & contact a lawyer

Inform your cousins that contact with them can't continue until this matter has been sorted legally but your disappointed in how they've treated your sister in her time of struggle so your blocking them on social media aswell

EzraJones · 16/12/2024 12:13

JFC, it's even on the UK gov website, with a nice easy to follow system:

https://www.gov.uk/inherits-someone-dies-without-will

Topseyt123 · 16/12/2024 12:13

You need a solicitor. No more pussyfooting around. They are very unlikely to respond if you write to them, but a solicitor's letter has a better chance of providing the kick up the arse that is needed here.

There is surely virtually no chance of a reconciliation given how they have treated you so stop trying to leave the way open for one. They should have followed the intestacy laws to the letter and it seems like they didn't.

WearyAuldWumman · 16/12/2024 12:13

Maddy70 · 16/12/2024 11:38

Without a will it goes to the next of kin ...his sister

No. There is more than one next of kin, given that the deceased had more than one sibling. It gets divided up evenly amongst his siblings. Where a sibling has predeceased him, their portion goes to their heirs. If they have children, then the children are their heirs.

ARichtGoodDram · 16/12/2024 12:13

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.

You’re only half correct. It is divided between your nearest kin.

However, if they have pre-deceased you then their share goes to their children if they had any.

CherryFlan · 16/12/2024 12:13

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'm guessing not as a wills & probate solicitor though Grin

Zilla1 · 16/12/2024 12:12

OP, eventually you will realise and come to terms with the fact that your relations are solely focused on the money to their benefit so the notion of trying to perform politeness dances with your family will just encourage them to see weakness and ignore you. If not, they would have proactively communicated what and why they thought whichever foolish executor apparently decided to ignore intestacy rules choose to favour one family member. There are obligations on the executor who made any distributions that do not comply with intestacy. They may try and put forward a false instrument,

Are you certain who the executor was? If not, perhaps look for the grant of probate from the Probate Registry? If the cousins have gone completely off piste, do you know anyone who could approach the cousin and say there's some outstanding money owed to the deceased and they need to know who the executor is? Depending on exactly what the family have done and told any banks and/or the Land Registry, you might have a better idea about how to progress this.

NeshButUpNorth · 16/12/2024 12:11

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.

it's not actually.
Check the gov uk website, you can get info there on this.
that's why the PA1A form contains questions about children of deceased siblings

OP posts:
ThanksItHasPockets · 16/12/2024 12:10

NeshButUpNorth · 16/12/2024 11:36

I have felt like that, but am trying to find the least destructive course of action, which may well be pointless I know.

Why would you want to maintain any kind of relationship with people who are capable of this? Pursue the legal route. It is something that you can do for your sister.

NeshButUpNorth · 16/12/2024 12:10

hydriotaphia · 16/12/2024 12:09

Ultimately the size of the estate will determine whether it is worth suing or not. Litigation is stressful, expensive and uncertain. BUT if they are well off anyway, a strongly worded solicitor's letter may convince them to just pay up.

it's around £90k-£100k I think, so 1/6 would be £15k or so each

OP posts:
NavyTurtle · 16/12/2024 12:09

Tricho · 16/12/2024 11:40

Really very wrong.

The amount of people on here who resolutely give incorrect advice is astonishing

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

CherryFlan · 16/12/2024 12:09

HairyToity · 16/12/2024 12:01

They have acted appallingly. Go speak with Citizens Advice, and lawyer up.

I would not suggest going straight to a solicitor, just to save a bit of costs, and perhaps making the relationship more salvageable in future.

It sounds like@NeshButUpNorth may have informally given her cousins the impression that she could be happy with the money going to her aunt. Any such thing which may have been said or even put in writing informally has no legal effect. To give up her share she would need to execute a deed saying so.

At this stage I would suggest that she writes a letter herself to her cousins, specifically whichever one has been acting as administrator of the estate, explaining that she understands that she does have a legal claim which she wishes to take forward, and that if the matter cannot be sorted out amicably between them then she will ask a solicitor to set the ball rolling. It seems like the cousins are already aware of the law and are simply relying either on her goodwill or ignorance. Once they realise that she doesn't have either then they may act properly without the need for expensive legal battles.

hydriotaphia · 16/12/2024 12:09

Ultimately the size of the estate will determine whether it is worth suing or not. Litigation is stressful, expensive and uncertain. BUT if they are well off anyway, a strongly worded solicitor's letter may convince them to just pay up.

NeshButUpNorth · 16/12/2024 12:08

ARichtGoodDram · 16/12/2024 12:04

If your cousins spouse works for a legal firm they’ll know the legal implications of it being done fraudulently.

It’s definitely worth the cost of a letter to put the wind up them and make clear it’s not going to just vanish.

Its especially worth reminding them that the administrator can be held personally responsible for any errors

I have free legal cover under my house insurance.

btw I already know that if I sued, the cash would come from the executor's personal funds, not from my aunt.

OP posts:
NeshButUpNorth · 16/12/2024 12:05

Funandnames · 16/12/2024 11:56

The thing that bothers me the most here is that the cousins have said the ‘right thing’ to do is for their own mother to have the entirety of it? Which basically means it goes to them!

So, because OP lost their own mother, they get disinherited versus her cousins who get the whole inheritance simply for ‘doing what’s right’ 🙄 Funny how the terminally ill niece wasn’t part of the ‘what’s right’ equation…

I know, I realised that ultimately, this means that 100% of the estate effectively goes to my aunt's kids, most of whom are very well off.

OP posts:
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