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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:
Thread gallery
12
GoldsolesLugs · 16/12/2024 17:08

AmIabigmeanie · 16/12/2024 17:07

Approximately how much money is it OP? Just to sort of gauge if it's worth fighting over / what their motivations are.

Of course the money that went to the elderly aunt will trickle down to the naughty cousins??

She already said 15k each I think.

AmIabigmeanie · 16/12/2024 17:07

Approximately how much money is it OP? Just to sort of gauge if it's worth fighting over / what their motivations are.

Of course the money that went to the elderly aunt will trickle down to the naughty cousins??

GoldsolesLugs · 16/12/2024 17:07

TheaBrandt · 16/12/2024 16:57

Why do people like this authoritively answer questions and are flat out wrong? Unbelievable.

This is outrageous op and agree with the informed posters. They have broken the law. They are nothing more than common thieves bad enough in normal circumstances but with your sister so unwell their behaviour is utterly repugnant. Give them hell.

Main character syndrome. Their strong intuition is too important not to share, even on factual matters of which they are ignorant.

Rosscameasdoody · 16/12/2024 17:05

Boomer55 · 16/12/2024 16:55

This. Moral of story: Leave a Will. 🤷‍♀️

Nope. Read the thread. According to England and Wales intestacy laws the surviving sister gets a one third share for herself. The two siblings who pre-deceased their brother also get a one third share each, to be divided between their respective children. The cousins have likely given all of the inheritance to their mum (the surviving sister) because they realise they stand to get nothing themselves and are hoping for a handout if she gets the lot.

Manara · 16/12/2024 16:59

This thread has inspired me to create my own thread about our family home going to DB.

Thanks OP.

TheaBrandt · 16/12/2024 16:57

Why do people like this authoritively answer questions and are flat out wrong? Unbelievable.

This is outrageous op and agree with the informed posters. They have broken the law. They are nothing more than common thieves bad enough in normal circumstances but with your sister so unwell their behaviour is utterly repugnant. Give them hell.

AnonymousBleep · 16/12/2024 16:56

plasticflower · 16/12/2024 16:51

I think the best course of action is to state the intestacy rules - quote the gov.uk info in a factual letter to your cousins and aunt. Keep it impersonal and to the point. You could take the tack of "oh dear, you've unintentionally made a mistake here and we wouldn't want you to get into trouble." You should have done this when the fraud first came to light but I understand your sister has had enough going on and advised against it. However, aren't you both due to inherit?

They may do the right thing or they may get defensive. I fear they will give you the runaround and being vaguely in a legal field may have access to professional delaying techniques! Then you'd have to decide if it's worth the expense of taking legal action against them to recoup the £15K each (?). Personally, I'd sue them up to the max cost of the money I might get back IYSWIM as I'd like to see them do the right thing even if I'd get nothing in the end. However, that's the end of harmonious family relations.

I don't think they will need to go down the legal route. Grabby cousins work in the legal field and have broken the law to give the full inheritance to their mum (and therefore, later down the line, themselves). If this was to come out publically, they'd be in serious professional trouble. I'd imagine grabby cousins thought the OP and her sister would just roll over and let them steal their money from under their noses with no pushback whatsoever. Once they realise that not only is this not happening, but their livelihoods are at stake, they might try and up their game and go for full-on bullying tactics, but more likely they'll just give them their share of the money.

They still owe the other cousins money too.

femfemlicious · 16/12/2024 16:56

NeshButUpNorth · 16/12/2024 15:46

I was told that the executor has to pay it from their own funds

Yes it is. You have t apply to the probate office they got the letter of administration from. First step is to check for the letter of of administration on the government website. Its really easy

Boomer55 · 16/12/2024 16:55

Maddy70 · 16/12/2024 11:38

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

This. Moral of story: Leave a Will. 🤷‍♀️

Rosscameasdoody · 16/12/2024 16:54

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!!!

Sorry, the first paragraph of this is utter garbage.

NoBinturongsHereMate · 16/12/2024 16:53

However, that's the end of harmonious family relations.

Harmonious family relations are already a dot in the rear view mirror.

plasticflower · 16/12/2024 16:51

I think the best course of action is to state the intestacy rules - quote the gov.uk info in a factual letter to your cousins and aunt. Keep it impersonal and to the point. You could take the tack of "oh dear, you've unintentionally made a mistake here and we wouldn't want you to get into trouble." You should have done this when the fraud first came to light but I understand your sister has had enough going on and advised against it. However, aren't you both due to inherit?

They may do the right thing or they may get defensive. I fear they will give you the runaround and being vaguely in a legal field may have access to professional delaying techniques! Then you'd have to decide if it's worth the expense of taking legal action against them to recoup the £15K each (?). Personally, I'd sue them up to the max cost of the money I might get back IYSWIM as I'd like to see them do the right thing even if I'd get nothing in the end. However, that's the end of harmonious family relations.

Rosscameasdoody · 16/12/2024 16:47

ARichtGoodDram · 16/12/2024 16:35

That’s is your (silent) leverage.

write to both administrators (separately and by recorded delivery) asking them what’s happening with the estate as you are aware under intestacy laws you and your sister are entitled to share your mother’s share and when can you expect your share to be paid.

Remind them that they, as administrators, have personal responsibility to deal with the estate in a timely manner as per the law and you hope it’ll be resolved before you are forced to go down the legal route.

Their livelihood is buggered if they’re found to have committed a fraud like thiS and they’ll know it

Yep, this. Also maybe remind them that if the administrator takes more than twelve months to allocate the funds they may be liable to pay interest for any period exceeding that.

Manara · 16/12/2024 16:46

AllThePotatoesAreSingingJingleBells · 16/12/2024 16:42

It is legally correct.

They won’t be FCA registered for long if a complaint is made. Very bad reputationally in any case.

Great! (Felt I had to make the disclaimer in case I was accused of giving bad advice 😬)

OP, we are all rooting for you. You have the power of hundreds of women behind you! And the weight of the law.

Another2Cats · 16/12/2024 16:44

NeshButUpNorth · 16/12/2024 15:45

is that possible? or do you mean the original probate "letters of administration" certificate?

"...application for inventory and account at probate registry"

"...is that possible? or do you mean the original probate "letters of administration" certificate?"

Yes it is possible and it is different from the letters of administration.

This is basically the first step in the legal process.

An Administrator is required to keep account of the assets and how and when they have been distributed.

As a beneficiary you are entitled to a copy of the estate accounts to see exactly how much the assets were and exactly who got what.

If the Administrator refuses to supply this then you can apply to the Probate Registry that dealt with this for an "Inventory and Account". There is no charge for doing this. The court will then send a Summons to them to provide the accounts.

If they refuse to do that, well that is when it starts involving lawyers etc.

AllThePotatoesAreSingingJingleBells · 16/12/2024 16:42

Manara · 16/12/2024 16:40

Hope this works! (Love if it’s legally correct!)

It is legally correct.

They won’t be FCA registered for long if a complaint is made. Very bad reputationally in any case.

Manara · 16/12/2024 16:40

ARichtGoodDram · 16/12/2024 16:35

That’s is your (silent) leverage.

write to both administrators (separately and by recorded delivery) asking them what’s happening with the estate as you are aware under intestacy laws you and your sister are entitled to share your mother’s share and when can you expect your share to be paid.

Remind them that they, as administrators, have personal responsibility to deal with the estate in a timely manner as per the law and you hope it’ll be resolved before you are forced to go down the legal route.

Their livelihood is buggered if they’re found to have committed a fraud like thiS and they’ll know it

Hope this works! (Love if it’s legally correct!)

GoldsolesLugs · 16/12/2024 16:37

ARichtGoodDram · 16/12/2024 16:35

That’s is your (silent) leverage.

write to both administrators (separately and by recorded delivery) asking them what’s happening with the estate as you are aware under intestacy laws you and your sister are entitled to share your mother’s share and when can you expect your share to be paid.

Remind them that they, as administrators, have personal responsibility to deal with the estate in a timely manner as per the law and you hope it’ll be resolved before you are forced to go down the legal route.

Their livelihood is buggered if they’re found to have committed a fraud like thiS and they’ll know it

They must be absolutely stupid - it sounds like they've metaphorically started a gunfight and turned up with feather dusters. Hopefully this means it is straightforward and not too expensive for the OP to resolve.

Lemonadeand · 16/12/2024 16:35

I can’t believe what I’m reading. These people should be in jail!

twobluehorses · 16/12/2024 16:35

NeshButUpNorth · 16/12/2024 12:08

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 you and your sister would be suing for half of the estate. It is absolutely worth doing particularly if you have legal expenses insurance. Get in touch with them immediately.

ARichtGoodDram · 16/12/2024 16:35

NeshButUpNorth · 16/12/2024 16:31

Not actual lawyers, but they do legal and financial services, so same principle applies, how could you run a company like that and not understand basic intestacy law when it's spelled out in the government forms and guidance. It's also FCA registered.

That’s is your (silent) leverage.

write to both administrators (separately and by recorded delivery) asking them what’s happening with the estate as you are aware under intestacy laws you and your sister are entitled to share your mother’s share and when can you expect your share to be paid.

Remind them that they, as administrators, have personal responsibility to deal with the estate in a timely manner as per the law and you hope it’ll be resolved before you are forced to go down the legal route.

Their livelihood is buggered if they’re found to have committed a fraud like thiS and they’ll know it

AllThePotatoesAreSingingJingleBells · 16/12/2024 16:32

Maddy70 · 16/12/2024 11:38

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

Stop guessing. It follows the rules of intestacy. If the deceased had 2 siblings and one sibling is dead then half goes to the living sibling, the other half goes to the survivors of the deceased sibling.

There are very clear rules as to who inherits when someone dies without making a will. None of these rules care about what the living say the dead person wanted. If they wanted to leave everything to the living sibling then they should have made a will.

NeshButUpNorth · 16/12/2024 16:31

TheOnlyAletheia · 16/12/2024 15:43

Just one point OP - you said that your cousin’s spouse ran a law firm and he was one of the administrators? If the firm is SRA regulated then the SRA would take an extremely dim view of it.

Not actual lawyers, but they do legal and financial services, so same principle applies, how could you run a company like that and not understand basic intestacy law when it's spelled out in the government forms and guidance. It's also FCA registered.

OP posts:
GoldsolesLugs · 16/12/2024 16:31

FancyFran · 16/12/2024 16:10

@GoldsolesLugs and I repeat for the fourth time I said take legal advice. I even directed the op to check her home insurance for legal cover. I did not give it even with a law degree. Read my posts and don't mis quote me.
I have never pretended to be a lawyer and if you know your onions that is a criminal offence!

I repeat that she's already taken legal advice.
You did say "There have been a few solicitors on your thread so as long as you now cross reference you'll be OK", that's verbatim. I interpret that as you saying that she should cross reference advice from people claiming to be solicitors on this thread. Is that not what you meant?
I also didn't say you were pretending to be a lawyer.

TheBluntTurtle · 16/12/2024 16:28

Before you do any thing OP you and your sister need to see a solicitor and find out your legal rights. Do not put anything in writing to them via text, email, letter or Facebook about the matter until you have agreed next steps with your solicitor

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