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AIBU?

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Inheritance issue

137 replies

MountainMomma26 · 29/01/2025 01:11

My DH and I have 3 kids 2 boys and a girl aged under 11

We own a farm- 50% is in my name. This was done at the purchase mainly to save money.

DH also expects to inherit land from his elderly father. Please don’t think this is a situation where we are being greedy - rubbing our hands waiting for someone to pass away. This has never been discussed before and only arose today as we had a meeting with our accountant to finalise this years accounts and my husband wanted to discuss the new tax regulations coming in regarding farmers and inheritance.

Neither of us have made wills. During the course of the conversation DH discussed with the accountant how he would be making his will leaving everything to our sons. I had assumed if he was to pass before me I would be his benefactor and he would be mine if I go first and then upon either of our deaths it would pass to our children. This is what my father had done.

AIBU to be a bit annoyed by this it feels like DH doesn’t trust me/is putting me in a vulnerable position where my child would own the house annd property I live in? I feel this is dangerous as my children are lovely but unfortunately no one knows what way they’ll turn out - we have young extended family members with serious mental or addiction issues so he should know now that this is always a possibility.. I’m also pissed off that my daughter was not mentioned in the conversation. She is her dad’s right hand person. They’re very close. She loves animals and is a hard worker yet she doesn’t seem to come into consideration.

AIBU to be annoyed?

OP posts:
Codlingmoths · 30/01/2025 01:08

MountainMama26 · 29/01/2025 23:22

Thank you everyone for your replies. I'm only catching up now as I've had a busy day with sick kids. You've given some great advice and given me plentry to think about. I'm off to check the land registry just to make sure I still own 50% and to see if we're joint tenants!

Throughout our marriage I've worked full time, ran and paid for house and kids and most of everything else. He has took a fit every time he noticed any money out of the joint account. I returned to work when my children were 14 weeks old rather than taking a year so he wouldn't be under pressure - what a fool I was!

I’d empty the joint account personally- sure you might have to give some back legally, I wouldn’t spend it, but I’d take it all now to communicate with him in the only language he speaks- I’m your wife and partner not the indentured slave you think I am.

That is, I’d do that after I’ve checked the deeds and changed the tenancy if needed so I can leave it separately in my will.

kellysjowls · 30/01/2025 00:21

Male farmers do seem to marry 'the help' (as in your money & time & free labour are what they want from marriage) and expect an heir & a spare to be produced. The spare often gets shafted, even if they are the better prospect for the farm (see golden child/scapegoat). Women are even further down the list, but it's rare from them to be completely cut out as you and your DD seem to have been.
I have a horrible feeling he's changed the ownership so you longer are a partner.
If he has then hopefully you can divorce him to get some return on your investment and contribution.

You must be terribly hurt and shocked.
I hope you find a way to keep/get security for your retirement, I'd be furious at how disposable he seems to view you. As dreadful as it is for your DD at least she is now forewarned that she is not considered part of the family and will hopefully be able to plan her education and career so she can't miss what she didn't have. I definitely would be steering her to financial independence.

MountainMama26 · 29/01/2025 23:22

Thank you everyone for your replies. I'm only catching up now as I've had a busy day with sick kids. You've given some great advice and given me plentry to think about. I'm off to check the land registry just to make sure I still own 50% and to see if we're joint tenants!

Throughout our marriage I've worked full time, ran and paid for house and kids and most of everything else. He has took a fit every time he noticed any money out of the joint account. I returned to work when my children were 14 weeks old rather than taking a year so he wouldn't be under pressure - what a fool I was!

JohnofWessex · 29/01/2025 19:26

I dont know if you are from a farming background but Farmers seem obsessed about inheritance and children remaining in the industry

Its very shades of the 3rd Reich.

You dont get the same obsession in any other industry

The issue of course is that farms are just not able to make enough money to cover the cost of buying the land

YourAzureEagle · 29/01/2025 18:50

Swonderful · 29/01/2025 18:36

A specialist solicitor is better than an accountant on this as they deal with iht every day and are used to the complexities of setting up trusts, agricultural relief etc. You need a decent sized firm that has farming clients.

My "specialist solicitors" almost completely messed it up, subsequently we use an accountants who specialise in agricultural property to do everything, accountants that deal with estate planning can also deal with trust matters and they deal with IHT more than solicitors do, most solicitors just hire in accountants to do the IHT calculations at a hefty mark up. You are best off using a good accountant and a good solicitor rather than relying on one to do everything, two sets of eyes are better than one.

BusyCaz · 29/01/2025 18:49

IdPreferProsecco · 29/01/2025 10:47

Honestly, there is absolutely no way I could continue to be in a relationship with a man who thought his sons were more valuable than his daughter. I'd be off to see a solicitor and initiating divorce.

What a disgusting man.

Agree with this.

Porcuporpoise · 29/01/2025 18:42

junebirthdaygirl · 29/01/2025 02:04

A farm is usually passed on to one member of the family as otherwise its not a viable option and would need to be sold thus meaning it goes out of the family. This is a huge blow to a farmer and is also the reason for opposition to the new tax laws. Of course that person can be a daughter if she is the one making farming her occupation.
In my family my dB worked tirelessly with my dad from an early age as he was very keen on farming. We knew from an early age he would inherit the farm. The rest of us got good college education paid for by our dps . They also paid for our weddings and we were all happy with that as we could all support ourselves. Some people might find that unfair but l had no interest in taking over a farm or working as hard as my brother. My dm had a lifetime interest in the farmhouse and my dB was responsible for supporting her from the farm for her lifetime. Luckily he was diligent in that but it could become precarious if he was mean/ abusive. There is also the issue of your sons partners being involved etc. My dm had worked on the farm all her life but after my dad's death retired from that.
You may need to consult a solicitor yourself about your future to make sure it is safe financially if your dh dies first. A solicitor who deals with farms is the best option as there are specific issues involved. And it is important all your dc have a solid future planned for them too
A lot of thought is needed here but there are solutions that other farmers have found helpful.

Well that's one way. Another is that the farm is held in trust with various members of the family being beneficiaries and receiving a share of the profits and others also being paid an income to work the land.

Swonderful · 29/01/2025 18:36

YourAzureEagle · 29/01/2025 10:23

He would be better leaving it to your sons in a will trust with you holding a life interest, the IHT nil rate bands from him would not be used and pass to you and be added to yours when the time comes.

The inheritance would be protected for your sons but you would also have the protection for your life.

You really need to do the wills with an inheritance tax specialist accountants advise, not just a solicitor or regular accountant - agricultural land, especially now needs careful consideration.

A specialist solicitor is better than an accountant on this as they deal with iht every day and are used to the complexities of setting up trusts, agricultural relief etc. You need a decent sized firm that has farming clients.

Igmum · 29/01/2025 12:24

Thank goodness you have 50% but yes your DH is an absolute misogynistic knob and you need to give his head a wobble. Preferably with a blunt instrument

RB68 · 29/01/2025 11:47

This reply has been withdrawn

This message has been withdrawn at the poster's request

IdPreferProsecco · 29/01/2025 10:47

Honestly, there is absolutely no way I could continue to be in a relationship with a man who thought his sons were more valuable than his daughter. I'd be off to see a solicitor and initiating divorce.

What a disgusting man.

Quitelikeit · 29/01/2025 10:31

Not sure how he can leave something you own to someone of his choosing

You may not know it yet but he may be expecting you to transfer ownership to someone else a few years down the line

Farmers are funny when it comes to inheritance there’s always disputes and it is mega hard for the wife married to farmers sons as there always seems to be something preventing her getting her share of things especially in the event of a divorce!!!

watch out!

Windowsand · 29/01/2025 10:26

Get legal advice of your own.

YourAzureEagle · 29/01/2025 10:25

ByQuaintAzureWasp · 29/01/2025 10:04

Half of house can't go to kids if you are joint tenants (as are most married people)

One partner on Joint beneficial Tenants can sever the agreement to Tennants in common without the others consent by putting a restriction on the registry, that is normally done by any competent solicitor drawing up such a will.

Ohnobackagain · 29/01/2025 10:24

Are you tenants in common or joint tenants @MountainMomma26 - that affects how property can be disposed of. As others have said, I’d normally expect you each to give a life interest to the other before it passes to kids. But if you are tenants in common you can leave your half to whomever you like. You need to ask the awkward questions and get this sorted.

YourAzureEagle · 29/01/2025 10:23

MountainMomma26 · 29/01/2025 01:18

They are. I’m just shocked at his intentions.

He would be better leaving it to your sons in a will trust with you holding a life interest, the IHT nil rate bands from him would not be used and pass to you and be added to yours when the time comes.

The inheritance would be protected for your sons but you would also have the protection for your life.

You really need to do the wills with an inheritance tax specialist accountants advise, not just a solicitor or regular accountant - agricultural land, especially now needs careful consideration.

ByQuaintAzureWasp · 29/01/2025 10:04

Happyinarcon · 29/01/2025 03:41

This doesn’t pertain to the daughter issue, but I’m am going to change my will with my husband to ensure that if one of us dies half the money and assets go straight to the children. I’ve read too many stories of the surviving partner remarrying and running off with the cash, or the kids standing by helplessly as the surviving parent sends it all to a Nigerian prince

Half of house can't go to kids if you are joint tenants (as are most married people)

ByQuaintAzureWasp · 29/01/2025 10:02

If you own half the house he can't leave your half to anybody only you can. However if you are joint tenants, then both your halves go to spouse (that's the law). If you are tenants in common, he can do what he want with his 50% as can you. If he leaves his 50% to the boys. You leave 75% of your share to daughter and 12.5% to each son ... so you balance the books and they all have the same.

MountainMomma26 · 29/01/2025 09:41

Cosyblankets · 29/01/2025 05:59

Is there any chance he thinks she's not his?

😂😂Not a chance. There never was any question of that. I’ve been with him and no one else for a long time (More fool me)

She is also the most like him in looks while the boys take after me.

OP posts:
middleagedandinarage · 29/01/2025 09:41

Happyinarcon · 29/01/2025 03:41

This doesn’t pertain to the daughter issue, but I’m am going to change my will with my husband to ensure that if one of us dies half the money and assets go straight to the children. I’ve read too many stories of the surviving partner remarrying and running off with the cash, or the kids standing by helplessly as the surviving parent sends it all to a Nigerian prince

Honestly you know someone who sent a load of money to a Nigerian Prince? I'm intrigued? You need to start a whole new thread on this

ByQuaintAzureWasp · 29/01/2025 09:21

AGovernmentOfLawsNotOfMen · 29/01/2025 03:53

Or social services take it all

Indeed

MeTooOverHere · 29/01/2025 09:20

Joint tenants or tenants in common?
If JT the survivor will get it.
If TIC he can leave his half to the boys and you can leave your half to your girl. Easy peasy.

ByQuaintAzureWasp · 29/01/2025 09:20

I can understand him wanting to pass it to children, but you get .ore inheritance allowance if it passes to spouse. If it passes to children you should have a lifetime interest so you can live there until you die.

You need professional advice and you do need wills - urgently!

Hoppingabout · 29/01/2025 09:17

Lozzq · 29/01/2025 09:10

Unfortunately in farming, this type of situation is very common. I know so many farmers daughters who inherited nothing while the sons got the farms. However, before we jump to the conclusion that all the men are misogynistic pricks it’s good to understand the reasons. You can’t easily split a farm up. If you want the family farm to continue then splitting between your children pretty much means they all have to sell / awful family drama, so sometimes the best option is to leave it all to the eldest (or the son for more ‘traditional’ farmers). From an inheritance perspective, while the children are young it would make more sense to leave the other half of the farm to you (on the assumption you would continue farming). When the children are older and if you establish which child would be most suitable to take on the farm then gift it to them (consider 7 year IHT law). For the other kids I would gift them a share of the elderly fathers land to try and make up for the disparity.

Unfortunately the Budget has meant that (if available and appropriate) £1milion has to be given away on first death and not to the other owner (so not the OP). Trusts are the solution as the share is then protected and out of the survivor's IHT estate. The trouble with the new APR rules is that as the reliefs aren't transferable between spouses (unlike a Nil Rate Band) they do have to be used on first death. The OP/DH should not be in a situation where they individually own 100% of the farm if they need APR.

Lozzq · 29/01/2025 09:10

Unfortunately in farming, this type of situation is very common. I know so many farmers daughters who inherited nothing while the sons got the farms. However, before we jump to the conclusion that all the men are misogynistic pricks it’s good to understand the reasons. You can’t easily split a farm up. If you want the family farm to continue then splitting between your children pretty much means they all have to sell / awful family drama, so sometimes the best option is to leave it all to the eldest (or the son for more ‘traditional’ farmers). From an inheritance perspective, while the children are young it would make more sense to leave the other half of the farm to you (on the assumption you would continue farming). When the children are older and if you establish which child would be most suitable to take on the farm then gift it to them (consider 7 year IHT law). For the other kids I would gift them a share of the elderly fathers land to try and make up for the disparity.

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