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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Can i refuse money from a will?

41 replies

Doctordid · 31/01/2018 17:13

Parents have done a will with a solicitor. It's a bit complicated as I was with an awful ex at the time so they did it where (I think) the executor is the solicitor.
My Dad thought they had paid everything owed up front but actually my Mum had understood correctly and the solicitor gets a percentage of money from the estate.
Mum won't change this.

So the situation is that dd gets the house minus ten percent to me and the solicitors percentage.

The thing is dd loves that house and would love the house rather than the money from selling it, no way could she get something as nice for the money they are selling for now and it is the perfect family home.

She could possibly get a small mortgage or loan to pay the solicitors percentage but I'd rather not take my percentage.

Can u refuse it and ask for it to be passed straight to dd? 10% would be about 10k so I'm pretty sure inheritance tax wouldn't be relevant but not sure what else.

OP posts:

JoeyMaynardssolidlump · 31/01/2018 18:21

Glad someone rise nentioned the solicitors cut they soujds well dodgy. Why don’t they just let his fee for doing the will?

You can do a will yourself anyway. Why won’t yiur parents chsnge things?

feska5 · 31/01/2018 18:27

Surely you can be co- owner with your daughter - ie you own 10% then when you die she inherits your 10%. The most sensible thing would be for your mother to change her will but it may be difficult to persuade her to do this if she wants to do what your father signed up for. If you are correct about the solicitor that sounds a very steep charge for handling your mother’s estate. Also speak to your own solicitor about doing a deed of variation. uk.practicallaw.thomsonreuters.com/1-382-5611

Namethecat · 31/01/2018 18:35

I have a sister who is estranged from my parents. When they rewrite their will they were advised that they should acknowledge her by naming her but say they are not leaving any provision. Could your mother do the same ? However I doubt ex husband's of children do not count as anyone that could contest. Surely when you divorced it was a full and final settlement. I acted as an executor and it is super easy to do without a solicitor involved. Your mother could get impartial advice from C.A.B.

FancyNewBeesly · 31/01/2018 18:56

If you own 10% of the house, your DD doesn't have to sell unless you insist you want the money - that interest would be reflected at the land registry I believe. You could then get your share if and when she sells the house, or you could leave it to her in your will, and of course if it sells you wouldn't have to take the money, you could just gift it back to her.

SersioulycanitgetWORSE · 31/01/2018 20:08

Your mum's will is a legal document that can be lodged with a solicitor. As executors you can't do anything except honour the will. The ex can manipulate you at any time after the will is executed and sorted out.

It makes no difference if you your the executor or not. If for instance the ex made you sell the house and contents and give him all the money... Your dd has the will leaving it to her so it's a clear straightforward crime.

SersioulycanitgetWORSE · 31/01/2018 20:08

I think you should try and make your mum understand this.

SersioulycanitgetWORSE · 31/01/2018 20:09

Yy ask her to get impartial advice.

Say it's fine if she wants to keep it that way but at least ask third party for advice.

Original poster

Doctordid · 01/02/2018 00:32

No I would get 10%
I have no idea what the solicitors percentage is and I haven't seen the will.

All I know is my Dad thought he had paid a set fee and that was that but my Mum knew they had paid a fee and the solicitor would get x percentage of the estate as a fee to execute.

I 'think' that the sale of the house is inevitable as when I left ex and we moved there they spoke to the solicitor to ensure we wouldn't be instantly turfed out should something happen to them.

Hence assuming dd was over 18 by then (she is a couple of years under now) she would be able to get a loan to cover the solicitors amount and keep the house.

I have absolutely no idea what I'm talking about though and no one in the family will discuss it.

OP posts:

Pearlsaringer · 01/02/2018 11:01

I’m sorry to push (and I won’t again), but it is ridiculous that no-one knows how much the solicitor will get from the estate. As you are a beneficiary and the parent of a beneficiary, you have every right to raise this with them because as it stands you and your daughter will be inheriting a liability which could be sizeable.

The solicitor will add interest while the fee is unpaid, and if you or your daughter has to take out a loan this will incur costs for her.

I speak as someone who has been in a similar position.

Please press this and be prepared to be unpopular but it should be resolved.

Bluelady · 01/02/2018 11:09

The solicitor who drew up my parents' will pushed me very hard to allow them to do the probate work, I was the executor. When I worked out how much they'd get I told them to get on their bikes. I did the probate myself which isn't nearly as hard as the intimidating forms lead you to believe.

The solicitor here is taking the piss and saw your parents coming a mile off. Do you have a professional friend who could try to persuade her to change this?

nocake · 01/02/2018 12:26

It's really bad practice to have a solicitor as executor. If an executor needs legal help they can get a solicitor involved but in many cases there is no need.

SersioulycanitgetWORSE · 01/02/2018 12:41

Totally agree on asking her to get impartial advice on it, not sure how you would approach it! But definitely try.

QuinionsRainbow · 01/02/2018 15:46

Parents have done a will with a solicitor.

Sorry to be nit-picking, but parents don't "do A will" . Surely they have each made a will.

Original poster

Doctordid · 01/02/2018 16:24

Quinions.
Yes I'm presuming one each but my Dad has anxiety and depression and is deaf so Mum would have done most of the talking and sorting.

OP posts:

diddl · 02/02/2018 19:57

It seems ridiculous that they could do something that forces a sale of the house.

That they want to leave you 10% & your daughter 90%, but that's impossible due to the solicitor taking a cut.

laura65988 · 08/02/2018 11:56

Why do they not not cut out lawyer and that way use won't need to get alone or sell house explain to ure mum that u will have to sell house as ure daughter is to young to get a loan and fees will be charged the longer the lawyer is left unpaid get her to choose another family member or friend to be executor it sounds stupid paying a stranger to do it that will cause use to probably to sell the house that's being left to u why is ure ex being mentioned in this if the house sells it goes into a trust fund for ure daughter and her dad isn't allowed to touch it but that doesn't mean when she turns 18 he can't get money off her but if use still had the whole house then he's no chance as daughter isn't going to sell just to give him money but if ure daughter does decide to sell u are homeless as she owns more than u but why would ure mum leave her house for her to turn 18 to pay a lawyer stupid

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