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Original poster

Shall I split DDs inheritance of baby 2 comes along?

427 replies

AliceTheCamelHasFiveHumps · 20/03/2021 18:01

DD is about to inherit £10,000 from my Dad.

All grandchildren were left the same amount.

We are trying for a second child. It's IVF and we have only one chance. If second child does come along. Do you think I should split DDs inheritance with her?

OP posts:
Thewiseoneincognito · 20/03/2021 19:13

No disrespect but your Dad didn’t know your next DC and so there is no provision in the will. Legally it’s your DDs only, not yours to split as you please if in trust. Sorry!

Original poster
AliceTheCamelHasFiveHumps · 20/03/2021 19:14

@SleepingStandingUp
I wouldn't expect the other grandchildren to donate their money.

Nieces and nephews would all get and keep £10k.

If I were to split, My DD and second child would have £5k each.

OP posts:
TwoHundredThousandTimes · 20/03/2021 19:14

@SleepingStandingUp
But op isn't getting any inheritance. There's 50k, it's all going to existing grand kids. Op will have £0

Where did this come from? There is apparently no will which means the laws of intestacy applies. Which means that whatever is in the estate (and I am not sure the finite sum of £50 k was mentioned) goes to the nearest blood relatives- apparently the OP and her siblings.

Nothing is left to the GCs, unless the Op and her siblings make it so.

ImInStealthMode · 20/03/2021 19:14

@SleepingStandingUp Where did I say she'd begrudge them having another child? She might grow to begrudge having half of her inheritance stolen to give that to that other child though!

It is not the DD (or anyone else's) fault that life has worked out like this and the inheritance has sadly come before the OP feels her family is complete. She shouldn't be made to share with a sibling that didn't exist when the money was left to her.

OP you could put it in trust for her until she's 18 and give HER the decision of whether to split it with a younger sibling?

RootyT00t · 20/03/2021 19:14

@Thewiseoneincognito

No disrespect but your Dad didn’t know your next DC and so there is no provision in the will. Legally it’s your DDs only, not yours to split as you please if in trust. Sorry!
My parents take on it was that he would have loved for and cared for another child (me) the same as my brother.
Notaroadrunner · 20/03/2021 19:15

@AliceTheCamelHasFiveHumps

To complicate things slightly. Sorry if this is a drip feed.

There was no will. But we know Dad wanted it split between the grandchildren. After all the form filling and the probate people losing paperwork etc, it has finally been released.

So, we know that legally have to be split between me, my sister and brother. And we will do that, to follow the letter of the law. Then we will shuffle the money around into the kids bank accounts so they have the £10k each.

Does this change anything from a legal perspective?

Well that changes everything. If there was no will and you and your siblings are the nearest relatives then you can give your share to the neighbours cat if you wish. Your dd is not inheriting anything from your dad - you are. And you are in turn gifting £10k to your dd. Whether you choose to put away £10k of your inheritance for a future child is up to you.
SunshineCake · 20/03/2021 19:16

Yes. When I was expecting dc3 we were left 3 shares for the two children but it was clear, and right, that the 3rd share was for the unborn child.

People frothing, when I went to pay the cheque in the bank teller split it into the three accounts on my request. The money can easily be given to the unborn child.

BluntlySpoken · 20/03/2021 19:16

No. Why should your dd lose out because you choose to have another child.

Roussette · 20/03/2021 19:17

No.

This happened to me. One DC was 20 months old when GF died. She was left a smaller than that amount of money. About £3K, it was a long time ago.
DC2 was conceived a month after he died. We saved up and made it similar amounts.

Theforest · 20/03/2021 19:17

We have a similar situation although it wasn't actually in the will. My mum have grandchildren a sum from my dads estate as he said that was what he wanted.

Then we had another child. I don't think it's fair to split it as it was for that child who he knew. I will just make sure my youngest gets the same from us.

NeedToGetOuttaHere · 20/03/2021 19:18

I think you should get your third and then do whatever you want with it. If you want to give your DC and then subsequent DC 10k then do it.

Sansaplans · 20/03/2021 19:18

There wasn't a will, technically and legally it's your share, what you do with it is up to you. I would say having a different amount to a sibling would create more issues than a different amount to cousins.

LaMariposa · 20/03/2021 19:19

My eldest has £10k from an aunt who died before I was pregnant with my second. It’s in her name but she can’t access it until 18 when it’s to be used for university or similar.
If we can afford it at the time we’ll try and match it for our youngest, if not, we’ll sometimes life isn’t fair.

Changeythenamey · 20/03/2021 19:20

I’m a private solicitor and I deal with disputed wills and inheritance. It’s legally your daughters and you have no authority to give it away. Law aside, I’ve seen families absolutely torn apart by things like this. Disputes which go on for years and cost 10 times the actual inheritance amount.

Original poster
AliceTheCamelHasFiveHumps · 20/03/2021 19:21

@Thewiseoneincognito

No disrespect but your Dad didn’t know your next DC and so there is no provision in the will. Legally it’s your DDs only, not yours to split as you please if in trust. Sorry!
Tbf dad never knew DD. He died the day after she was born. He saw a photo of her about 6 hours before he died. We all (me, DH and DD) got to the hospital 20 minutes after he was pronounced dead.

There's no will x

But it's fine, I won't split the money.

OP posts:
Sansaplans · 20/03/2021 19:22

@Changeythenamey

I’m a private solicitor and I deal with disputed wills and inheritance. It’s legally your daughters and you have no authority to give it away. Law aside, I’ve seen families absolutely torn apart by things like this. Disputes which go on for years and cost 10 times the actual inheritance amount.
How is it legally the daughters if there was no will?
Redjumper1 · 20/03/2021 19:22

@Changeythenamey

I’m a private solicitor and I deal with disputed wills and inheritance. It’s legally your daughters and you have no authority to give it away. Law aside, I’ve seen families absolutely torn apart by things like this. Disputes which go on for years and cost 10 times the actual inheritance amount.
Have you read the OPs updates? There is no will and so nothing was left to any GC. The laws of intestacy apply.
nimbuscloud · 20/03/2021 19:22

There's no will

If there is no will your dd gets nothing.

LookingThroughTheTrees · 20/03/2021 19:22

@AntigoneLost

I wouldn’t, but I’d try and save a similar amount for DC2 myself
This is what I would do
Mrgrinch · 20/03/2021 19:22

You're making a mistake if you don't split it. Unless you're willing to give £10k to potential DC2 then it would be ridiculously unfair and would cause problems.

NeedToGetOuttaHere · 20/03/2021 19:22

Changeythenamey why is it legally the OP’s daughters?

Soontobe60 · 20/03/2021 19:23

Your child isn’t actually inheriting anything then. You are. As are your siblings. If you want to put an amount into a savings account for your child and then more for another yet to be born child that’s completely up to you.

Sansaplans · 20/03/2021 19:23

OP I think a lot of people haven't bothered to read the update that there was no will. Legally and imo morally you can do what you please with it, especially as you say that unfortunately they didn't have a relationship either.

NeedToGetOuttaHere · 20/03/2021 19:24

How much will you be inheriting OP?

Violetroselily · 20/03/2021 19:24

If there's no will, and you/your siblings are inheriting, then it's up to you to do what you want with it. You're choosing to give it to DD, so you can choose to split if you so wish (I would if I were you)