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AIBU?

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AIBU to refuse aunt’s FWB claim on her estate?

110 replies

Sleepneededprettyplease · 18/03/2026 19:54

I am wondering if I am actually being unreasonable here. I obviously don't think I am but this could end up in court and I am worried.

I am executor for my Aunt's estate. She had no children herself but lived close to me and my sister and always considered us as hers. We actually lived with her for some years. Anyway as she was getting older she decided to sell most of her investments and buy a house in my name as an alternative way of investing hoping to avoid inheritance tax. The intent was always that half the value was my sisters but for other reasons she couldn't be on the deeds.

In the last few years of her life she reconnected with an old uni flame and asked me if he could stay in the house for a bit. I never really considered it mine so felt that if that's what she wanted then of course it should happen. She would visit him some of the time sort of FWB. She went out of her way to tell me that the house was for me and my sister and this changed nothing. She also told me ge wasn't in her will as she wanted us to inherit.

Unfortunately after a fairly short illness (6 months) during which she lived with me she died.

The FWB chap is now claiming he is her dependant and has a right to her estate. My lawyers tell me that legally his case is very weak and if he does contest the will they think that they can get it thrown out without even going to a full hearing as he is refusing to disclose vital information.

Am I in the wrong though? My Aunt would be devastated at the trouble this is causing.

OP posts:
NoisyMonster678 · 18/03/2026 20:37

You are in the right, by 10.000% OP and he's a cheeky sod who should be kicked out, but cover yourself and take advice of the lawyer.

TwistedWonder · 18/03/2026 20:36

I agree he’s hoping you’ll offer him
s few quid to fuck off. He knows he’s not got a realistic claim and he won’t get anywhere in court so he’s thinking you’ll offer him say 10 grand to disappear

Fluffyholeysocks · 18/03/2026 20:35

Do you think he wants a payoff in order to drop his claim on the estste?

JohnofWessex · 18/03/2026 20:35

If he were to go to court either ask the court to strike it out OR for directions that he replies to your questions

Cherrysoup · 18/03/2026 20:35

How long has he been in the house? Court can tell him to leave but he may not. Have you-presumably-gone the eviction route as a court is involved? You may, unfortunately, need to involve bailiffs to remove him. You should be present to ensure he doesn’t take anything that isn’t his. Once he’s out, he has 3 weeks I think it is, to remove anything he owns.

Not sure what process you’ve used to remove him, but if he proves resistant, you can use this (if he has a tenancy, not sure of the legal route if he (I’m assuming) doesn’t. https://www.nrla.org.uk/resources/ending-your-tenancy/applying-to-court-after-serving-a-section-21-accelerated-possession?irclickid=33oU1j0jaxyZTI3TwCw9OUPbUkuwwEVE2VJbWg0&irpid=10078&irgwc=1&afsrc=1&utm_source=affiliates&utm_medium=affiliates

Applying To Court After Serving A Section 21 | NRLA

Guide on what to do after you serve a Section 21 notice if the tenant does not. Includes how to complete the relevant court form (n5b)

https://www.nrla.org.uk/resources/ending-your-tenancy/applying-to-court-after-serving-a-section-21-accelerated-possession?afsrc=1&irclickid=33oU1j0jaxyZTI3TwCw9OUPbUkuwwEVE2VJbWg0&irgwc=1&irpid=10078

OhWise1 · 18/03/2026 20:32

He knows that he doesn't have a serious claim , but that he can make you spend money on legal advice to get him out of your hair. He's hoping you give him a few grand to fuck off! (and in a similar, but not the same, situation my solicitor advised me tbis would be my cheapest course of action)

AggroPotato · 18/03/2026 20:31

What an absolute bellend.

Stand firm. Her wishes were clear. He is a chancer and has no chance in court!

Sleepneededprettyplease · 18/03/2026 20:27

He says that he is her dependent and he cant afford to support himself. He is ignoring all of our questions about what he has done with his money as we have evidence that he had a substantial sum less than 3 years ago.

He did try to claim he was her common law husband and that they lived together but we could disprove that. She spent less than 8 weeks a year visiting him.

OP posts:
catipuss · 18/03/2026 20:24

If he's not in the will and not a relative what claim does he think he has?

Sleepneededprettyplease · 18/03/2026 20:23

Soontobe60 · 18/03/2026 20:21

So who is her beneficiary?

Mostly me and my sister. A few small requests to friends and a few larger ones to charity but vast majority is for us.

OP posts:
Soontobe60 · 18/03/2026 20:21

So who is her beneficiary?

BlusteryLake · 18/03/2026 20:21

The brass neck on some people never ceases to amaze me. Stand your ground OP.

Sleepneededprettyplease · 18/03/2026 20:17

youalright · 18/03/2026 20:16

It won't go to court hes just trying his luck we had something similar recently with a distant relative. Solicitor sent them a letter politely calling them a cf and we never heard from them again

Thats what I thought but he is still threatening us multiple letters later.

OP posts:
youalright · 18/03/2026 20:16

It won't go to court hes just trying his luck we had something similar recently with a distant relative. Solicitor sent them a letter politely calling them a cf and we never heard from them again

Pearlstillsinging · 18/03/2026 20:16

Listen to your solicitor. They say he has no claim on her estate, let him waste his money on legal fees if he wants to.

Sleepneededprettyplease · 18/03/2026 20:12

Badbadbunny · 18/03/2026 20:09

Not clear who was living in the house other than the FWB. If she continued to live in the house, then it's probably a "gift with reservation" and won't be IHT exempt, and it will remain as part of the estate for IHT purposes. Unless she paid you market rent for living in it.

It may not have been a good idea to put your name on the ownership deeds as you are now liable to CGT on the increase in value between its; value when it was bought for you/transferred to you, and the market value when you come to sell it, as presumably it's never been your "main residence" whilst you've owned it.

Big can of worms there. I hope you/her took plenty of legal/tax specialist advice to set it up in the right way to achieve what you/she hoped to achieve, as lots of "traps" if it was more of a DIY thing where you just instructed solicitors to do what you told them rather than taking advice.

It was just FWB living there. Yes a gift with reservation but the value has actually gone down.

We didn't do particularly well on setting it up properly but it is sorted now and not too much lost out on.

Her estate is mostly her house where she lived.

OP posts:
Sleepneededprettyplease · 18/03/2026 20:10

TwistedWonder · 18/03/2026 20:07

Was he significantly younger OP? It’s just that I’ve heard similar before when my friends well off widowed elderly neighbour was targeted by a man 20 years her junior who tried to contest her will after she died claiming she had been ready to change it to include him as joint beneficiary

No about the same age. I think he is older. They went to uni together

OP posts:
Badbadbunny · 18/03/2026 20:09

Not clear who was living in the house other than the FWB. If she continued to live in the house, then it's probably a "gift with reservation" and won't be IHT exempt, and it will remain as part of the estate for IHT purposes. Unless she paid you market rent for living in it.

It may not have been a good idea to put your name on the ownership deeds as you are now liable to CGT on the increase in value between its; value when it was bought for you/transferred to you, and the market value when you come to sell it, as presumably it's never been your "main residence" whilst you've owned it.

Big can of worms there. I hope you/her took plenty of legal/tax specialist advice to set it up in the right way to achieve what you/she hoped to achieve, as lots of "traps" if it was more of a DIY thing where you just instructed solicitors to do what you told them rather than taking advice.

TwistedWonder · 18/03/2026 20:07

Was he significantly younger OP? It’s just that I’ve heard similar before when my friends well off widowed elderly neighbour was targeted by a man 20 years her junior who tried to contest her will after she died claiming she had been ready to change it to include him as joint beneficiary

Sleepneededprettyplease · 18/03/2026 20:05

I mean he is divorced 3 times and came from money but now has none.

OP posts:
Ballah · 18/03/2026 20:04

He probably targeted her. I expect he has a long history of cocklodging. Stand firm.

MumbleBumbleAppleCrumble · 18/03/2026 20:04

The house is in your name? Then it is not part of the will. It is yours. You cannot will away what is not yours. You could leave a statement of intent after such a gift, but you cannot will away something you have already gifted. He has no claim on that property.

Sleepneededprettyplease · 18/03/2026 20:03

It was less than 7 years so inheritance tax is due on it but it is separate to the estate. He is claiming on the estate as I wouldn't budge on him living in the house and it is legally mine. Court has decreed that he has to be out next month so now he is after the estate.

OP posts:
TwistedWonder · 18/03/2026 20:03

Of course you’re not in the wrong. This ageing fuck not might have been a fun distraction for your aunts last few years but he’s an absolute chancer thinking that en titles him to a pay out for services rendered

Tell him and his convenient dick to jog on

Soontobe60 · 18/03/2026 20:02

If the house was put in your name to avoid IHT, then how can it be within her Will?
Was she living in the house with this man at the time of her death? If not,where was she living?

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