Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is Mother being unreasonable regarding inheritance?

97 replies

GoingSlowly · 26/01/2017 12:16

Is my mum being unreasonable regarding the inheritance that may become available following my dad's death.....

My dad is unwell at the moment, and my mum has always had it in her head that he will die before she does. They separated about 20 years ago and now have new partners. When they split up they separated all of their possessions - she had one house, my father had the other, and because her house was worth less she had a cash lump sum to make up the difference. She also recieves just under half of my Dad's lucrative pension. At the moment she is renting out her house because she is living with her boyfriend.

The complication is that both of their names are still on both of their houses and they are still married (I know, ridiculous). They just never finalised it. My mother is now denying that she had a cash lump sum and said her settlement was 'unfair'. We know for a fact how much money she had, so this is untrue. She is telling my brother and I that when our Dad dies, she will inherit his money and house and we will have nothing.

Is it normal for someone who has been practicaly divorced/separated from someone for 20 years, to expect to then inherit from their ex? Dad does not want her to inherit and wants the house to go to us, but he is too frightened to challenge her (divorce) and she evades attempts to change the names on the houses so that they legally have one each.

OP posts:
Ciutadella · 26/01/2017 14:37

That was in answer to santa by the way, asking about why dm wouldn't leave the money to op and brother. Which is a fair point, but these things are never guaranteed - many a post on mn about that as well!

Puzzledandpissedoff · 26/01/2017 14:38

What a terrible case, lalalyra Sad

Since you obviously know something of these processes, can I ask ... I know folk can change to "tenants in common" without the other person's agreement, and I believe the Land Registry have to be informed, but "does the "other" tenant actually have to know this has been done?^

jcne · 26/01/2017 14:40

what is the nature of your father's illness? does he have capacity? a probate solicitor will be able to prevent this from happening.

lalalalyra · 26/01/2017 14:44

puzzled one part of the change if the other owners don't agree is to serve a notice on them. I don't know exactly how the land registry double check these things, but you do have to either have their signture or show proof that you send the severance to them by recorded delivery and it hasn't been returned.

There's a whole section on it on the gov.uk website. I've only ever done it with agreement so I'm not 100% sure on the disagreement side (only briefly read in case of problems, but they didn't materialise).

NotMyPenguin · 26/01/2017 14:48

This isn't your mum's fault, it's your dad's fault for not sorting this out properly. If he doesn't actually want this to happen then he needs to take steps to make sure if doesn't!

Puzzledandpissedoff · 26/01/2017 15:07

Thanks, lalalyra, that's interesting to know

If the notice has to be formally served then there's no way a separated wife can be unaware if the tenancy changes, which seems a shame in these particular circumstances ... I suppose I was hoping it might save a bit of angst if she didn't find out for a while

lalalalyra · 26/01/2017 15:29

puzzled I don't imagine there's a way it could be done hidden because if you can imagine the potential in an abusive situation for something to be done without someone's knowledge.

Part of the severance is agreeing the percentages that people own the house, so there's no way that can be done without all parties knowing.

Puzzledandpissedoff · 26/01/2017 15:39

you can imagine the potential in an abusive situation ...

I certainly can, yes - it was just these particular circumstances where I admit I thought her not knowing would be no bad thing. But I realise you can't have one set of regs for this and another for something else, of course ...

user1484317265 · 26/01/2017 15:52

She's lived with him for , what , nearly 20 years, in a house owned by him and his wife. I assume she has paid bills , helps maintain the property etc. Meanwhile he gives nearly half his pension each month to his wife

Well we don't know any of that. Op only says that he has a new partner, she doesn't say how long (no reason to think its since he split with wife at all), doesn't say they live together, doesn't say anything about their finances. For all we know your guess might be true, equally he might have a new girlfriend of six months who has her own house.
So no, I don't feel sorry for her as we know nothing about her!

Kr1stina · 26/01/2017 16:38

Doesnt the term " partner " refer to someone you live with, rather than someone you are dating ?

And most people who live together share some aspects of household expenses.

And I've yet to meet a man who split up from his wife and two kids, remained single for 19 1/2 years and then Started dating someone as he was seriously /terminally ill. But of course he might be the first .

So no, we don't if that's the case but I feel these are reasonable assumptions in the absence of information to the contrary. No doubt the OP will put us right.

GoingSlowly · 26/01/2017 16:39

His girlfriend has been with him for the full term of 20 years - since my parents split. She contributes to bills, food, etc. The house was already paid off when she moved in, so there was no mortgage and therefore she pays very little/no 'rent'. She has her own property that she rents out.

OP posts:
GoingSlowly · 26/01/2017 16:40

But, yes, she could make a claim on the inheritance.

OP posts:
user1484317265 · 26/01/2017 16:41

Not necessarily. And OP could have been using that thinking more about ther DM's relationship rather than DF's.

You may be right of course, but equally you guessed an awful lot and may well be wrong.

And I've yet to meet a man who split up from his wife and two kids, remained single for 19 1/2 years and then Started dating someone as he was seriously /terminally ill. But of course he might be the first

Or he could have been with someone else for ten years, been alone for a while and be with this one for, say, 3 years? Who the hell knows?

Point being you created the whole scenario in your mind and then presented is as a definite thing, when its all conjecture.

user1484317265 · 26/01/2017 16:42

XPOST with OP, and I see you were correct.

Point still stands, it was a very good guess, but it was still a guess! Wink

Kr1stina · 26/01/2017 16:46

It's a discussion board on an Internet forum, not a court of law.

Speculation and conjecture is allowed Smile

user1484317265 · 26/01/2017 16:57

Very true. Just pointing out there was no need to feel sorry for someone until you knew they existed!

Kr1stina · 26/01/2017 17:26

Well I'm just a nice person, I feel sorry for people real and imaginary. I get upset whenever people are murdered on TV dramas and their nearest and dearest stop crying after 30 secs to answer the police questions. And the people next door don't seem to care that there's a mass murderer on the loose. And Oxford City Police can only muster up two police officers to track down the killer.

shovetheholly · 26/01/2017 17:32

"Well I'm just a nice person"

This is true, I can confirm it from the Gardening forum!!

Butterymuffin · 26/01/2017 17:47

I'm astonished that OP's dad's partner has lived with him for the last 20 years and not said 'Oi, you need to get a divorce and sort your pension out or I'm going to be unhappy'. Even if she owns her own property, that's extraordinary.

I agree with posters saying the dad should have sortedthis years ago. He certainly ought to see a solicitor asap.

SanityAssassin · 26/01/2017 19:43

In relation to the houses he can apply to court to sever the joint tenancies then he can leave his half share in each property as he thinks fit.

No need for court or solicitors - it's a simple form with Land Registry - costs a few quid. Done it.

Inertia · 26/01/2017 19:59

There isn't anything you can do.

There's plenty that your father can do if he has capacity - he needs to see a solicitor. In the eyes of the law his property will revert to his wife.

Kr1stina · 27/01/2017 15:01

Flowers for Holly

New posts on this thread. Refresh page
Swipe left for the next trending thread