AIBU to tell DH to split his inheritance with his half siblings?

It’s definitely his decision., however, I agree that his mother’s share should be split three ways that he should retain all of his father’s share that was left solely to him. But as I said, if the money in entirety states legally that it’s left to him it is his decision and I don’t think you should get involved.

@DisforDarkChocolate she possibly did what my dad did he had a mirror will with his wife
. step mom to me, which left it to each other then splits between kids when both pass. Except my dad died and my step mom changed her will cutting out his biological children. Maybe similar don’t know

Agree - not straightforward at all and shouldn’t necessarily be a moral judgement on the DH.

Would be very complicated to unravel I expect.

Possibly what the siblings are hoping for however.

If mother had left what she wanted left to her children instead of her husband, who then added his own money to it, that could well be true.

Houses are usually held as joint tenants and so the spouse will automatically inherit up the other’s death.
Given the lack of a Will, I would be surprised if it was held as tenants in common.

For everything else when you die intestate:
Spouse gets possessions and up to £322k.

Anything over £322k is split - half goes to the spouse and remaining half goes to the children equally.

Hence, why it is not a split or the current £1million estate or even a 3-way split of the mother’s estate.

Good catch.

Apart from the home because it could have been done where he automatically got the other half upon her death.

Then cash wise the estate would have been under that amount. Obviously if it was even 100k they that’s still a nice little amount to get for a car or holidays. But a huge difference between part of 100k or 300k and wanting some of 1mil.

So grabby siblings who suddenly realised their step dads home was worth over a million maybe 🧐

Depends on how much his mum’s estate was - it may have been much less or possibly more.
The current million is entirely his dad’s estate now and his dad’s has made him the sole beneficiary.

Only if she died without a will and her estate wasn’t largely held as joint tenants.

Read it again please....
His mum should have made a will expressing that, and not left it to her husband to disseminate as he wished. Because at that point- its his Dads money to leave as he wishes-.... and he left it to OP's husband.

He can legally do what he wants.

However I would not want to live with somebody who have these morals.

i assume there was less than £322k in mothers estate? As i think (but not sure) that over that amount should’ve been legally split between her children?

True but would the inheritance tax paid now under fathers estate not be higher due to large amount of estate, whereas if mother’s wishes had been followed, there would be less money to tax at this point

I think this all really shows how important it is to make a will, especially when families become more complex

A trust. Or you don't leave everything to your spouse, hoping he or she will follow your wishes.

Exactly this. This is why if you do see a solicitor to prepare a will, they will always ask about this scenario - do you want all your money going to the children of your spouse’s second marriage? Or worse still, your spouse’s stepchildren in the second marriage, who aren’t even related to your children. Your DH’s mum trusted her husband to do the right thing by his step children. He didn’t. Your DH can either perpetuate his father’s refusal to honour his mother’s wishes, or do the right thing.

Yes although it will make the plot more interesting if they can't /won't pay

Joint Liability: If the tax remains unpaid, the executors or administrators of the estate become jointly liable for the tax on the gifts one year after the death.

I thought if there were lifetime gifts the IHT was the responsibility of the recipients?

Argghhh, I feel your pain! There are so many threads on her that are blatantly MN staff writing controversial stories to increase clicks but I just can't help responding!

No, she did something way more important than that. Same as if he’d been bio. Point is to shaft the person who gave you so much is incomprehensible to me.

How do you know what his mum wanted to do with the money? Was there a conversation? It seems very strange that you know her wishes, and yet she left everything to her husband. Your DH has then inherited everything from his father. If she wanted her biological children to inherit, surely she would have put that in the will… was it perhaps a conversation she had with her children and they assumed they would get something? There is no legal requirement at all for DH to give them anything, and she didn’t include them in her will. I’m with DH here….the money was left to him. If he wants to give them a token amount he could but that’s his choice.

This highlights of course the absolute need to make a will especially with blended families.

I'm sure this is all made up but I wonder if the OP would like to factor into the novel she's writing the next part of the plot-namely her husband makes the transfers, dies less than 7 years after and the half siblings refuse to pay the IHT which is due on her husband's estate (which isn't their legal responsibility)

I agree with this, if they had asked for their share at the time of the dads death that would be another matter.

However, presumably many years have passed by, and two legal wills have been executed.

It seems very odd this has surfaced now, especially as these half siblings are not close.

I would just not engage.

Not after so long and it passing to the dad first - anything the OP's DH now decided to share would be a gift from him, and count for IHT (or not dependant on how long he lives) in the normal way.

No, inheritance tax is paid by the estate not by the people who inherit.

This. I have half siblings (although I never use that term) and I couldn't live with myself if I didn't do this.