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

I think he should, but at the end of the day legally it's his. It's a lot of money by most peoples standards, don't know what world you live in. He should give his brothers some if he wants to continue to have a relationship with them in the future.

What I was trying to say was that if the son had died prior to the mother’s will being written and she stated that her estate goes to her living children then it wouldn’t go to his issue.
I think I edited that post a few times, as I realised the aunt had died too, and it got messed up. I can ask MNHQ to delete it if it is causing confusion.

That said, most Wills in E&W will include a survivorship clause for avoidance of doubt or to prevent challenges from siblings of the deceased beneficiary.

Sorry, you're right, I made a mistake. I should have said England & Wales rather than UK.

The Wills Act 1837 specifically does not extend to Scotland and is not necessarily in the form in which it has effect in Northern Ireland, so talking about "UK" law in the context of inheritance is just wrong.

This is a decision for your dh. It has to be his choice.

I know what I'd do but I haven't been left £1m

I would disagree with you here, the situation in the UK is the opposite of what you say

Scotland and N. Ireland have their own legal systems. You are referring to what happens in England and Wales - not the UK.

For per stripes to apply in Scotland the will should stipulate per stripes. Representation can apply to legal rights claims but legal rights claims are limited to a proportion of moveable estate only.

Per stripes applies on intestacy. Northern Ireland seems to follow Scotland.

I'm sorry, but not knowing that family and succession law is different in the constituent parts of the UK really is very basic stuff indeed

"...and if any of them die then their share of the estate is split between their issues (i.e. the grandchildren of the benefactor).

If the Will didn’t state that, then the money legally goes to the living children."

I would disagree with you here, the situation in the UK is the opposite of what you say.

Unless a will specifically says that a child beneficiary must survive the parent in order to inherit then a deceased child's inheritance in a will passes to their children (ie the grandchildren).

Section 33, Wills Act 1837:

(1)Where—
(a) a will contains a devise or bequest to a child or remoter descendant of the testator; and
(b) the intended beneficiary dies before the testator, leaving issue; and
(c) issue of the intended beneficiary are living at the testator’s death,

then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death.

[emphasis added]

I'm sorry, but this really is very basic stuff indeed.

Yes, indeed and I asked and said similar at various point in this thread.
It’s naive, at best, to immediately assume that the DH is in the wrong to keep the money based on the limited information that OP provided.

Nonetheless, hopefully it has highlighted the importance of having a correctly written Will, explicitly stating your wishes in various scenarios and the potential implications for family members after you are gone.

Certain as I am that the OP isn't coming back..

We have no idea if:

• The siblings have invented this and their Mother said nothing of the sort
• Mothers input into the estate amounted to 50p.
• Mother said a lot of things to them, but to her husband said 'don't give them a penny they're greedy little shits'
• Mother said this once in 1972, subsequently both siblings were vile to her and she decided not to make a will leaving anything to them at all.
• She didn't remember saying it but decided by the time she was on her way out that they did not need any inheritance as they were well set up.

And many many other possible things could have happened or been said or not happened or not been said...

Yes - the Will can be written with the children as beneficiaries and if any of them die then their share of the estate is split between their issues (i.e. the grandchildren of the benefactor).

If the Will didn’t state that, then the money legally goes to the living children.
Not sure why your aunt’s children inherited - perhaps it was the time frame between the two deaths? 30 days comes to mind but that maybe wrong.
Or your grandma’s Will was written after your dad died stating living children and your aunt was alive at the time of her death.

Morally, it should probably still remain with the living children otherwise they are going against your grandmother’s wishes - whatever her reasons were for that may be. Sorry, I don’t know the back story (obviously) but it’s clearly a horrible situation for you to be in.

You should have challenged that. I’m sorry your family did that. Your gran sounds like a nasty piece of work to have cut you out like that, acting like her son never existed.

No, your grandmother did that. She could easily have said in her will that if any of her children predecease her such child's share passes to their children. It's a standard provision.

Seen your update. It's still your grandmother who is responsible. She could have included you in her will.

Nor me. It would be a deal breaker for me.

I don’t think I could see my DH in the same light if he did this to his siblings, his poor mother.

No I didn’t. My dad was never mentioned it was just the living children. Then before the ill was read my aunt died. So my cousins automatically got her share. It’s been 19 years and makes me so angry.

How much is the mums 'half' - is that actually 50% of the the total estate?
If yes, he should DEFINITELY split that in 3, I can't believe he is even thinking about keeping it all. Very selfish considering he would be getting the £500k from his dads half plus the £133k!

Did you ever speak to a solicitor? I assume that her will was written like “split between my children” which means it should have gone to you since your dad pre-deceased her. Or did she write a will which mentioned her other children by name and just completely forgot about your dad?

My cousins did this to me when my Nan died. As my Dad died and there parents hadn’t all my cousins got the split of the house I didn’t. It’s like my dad never existed. It was so hurtful and my cousins refused I have never spoken to them. And I have never gotten over it. They all had enough to buy a house each. I live in a council house with no hope of ever owning my own home, of receiving an inheritance. That’s a massive inheritance.

No problem, Agatha Raisin..

Seriously, do you and the others getting exercised about this believe any of this is true?

It's mildly amusing and OP needs to work on some finer details (time line, how were Ma's wishes made known and why now?) but no one has been done out of their "inheritance"

He’s being cruel if he knows his mum wanted it shared between them then that’s what he should do

@NicewomanI read it differently. DH was adopted. He is not the biological child of either of his parents. His adoptive mother has biological children. It appears she had a mirror will with her 2nd husband which is not uncommon but made it clear to him that she wanted her biological children to inherit her share if she predeceased him. But her DH did not do this and left all assets including those of his now deceased wife to their adopted son and so disinherited her biological children against her wishes.

Cautionary tale - always make your wishes for your children explicit in a will so that your second husband/adoptive child/new wife/step DC/future DC ETC can’t rip them off after your death.

He is being greedy and needs to carry out his mum's wishes of her half of her biological children .

You're clutching at straws there. From 1975 it was illegal to refuse a bank account but I know from my own family plenty of women conducted their own finances - it didn't mean banks wouldn't or couldn't give accounts. .

The OP is obviously fictitious and I don't think OP has worked out the time line but hey let's go with it. Stepsibs are late 50s so let's say born in 1967ish.

Husband is much younger and didn't see them much so let's go with his being born in 1990. His parents died in his late 20s, so say 2018. We don't know how old Ma was. [why are sibs only raising this now?]

That doesn’t change what the PP said. He is the father’s only child and one of 4 for the mother. He being adopted is irrelevant.