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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Inheritance angst - shocked & angry

572 replies

hoopyloopy2 · 29/04/2018 13:43

MIL died like last year and we are just getting to grips now with the details of her estate. FIL died 13 years ago.

To cut a long story short, it’s emerged that she gave a very large amount of money (hundreds of thousands of pounds) to BIL a few years’ ago after he divorced and to enable him to start his own business. DH and I have never received money from his parents - in fact we didn’t even know she had that kind of money.

It’s become clear that DH’s other brother has also received financial support over the years but nowhere near the same level. DH is certainly not more financial comfortable than the other two now or in the past - so there’s no logic as to why he/we were overlooked. Their mum did play favourites over the years, but there was no rift or issue (that we know of) that would explain why she should have skewed things in such an extreme way.

DH has confronted BIL after working all this out by going through years of bank accounts. BIL says it was a loan that he was intending to pay back at some point, but he hasn’t. Issue now is whether this is taken into account when dividing up the estate, DH & I think it should be as amounts to 2/3rds of her savings. MIL did not suggest it should be in her will. But it is SUCH a significant amount of money. BIL is embarrassed & defensive at being found out, and is implying DH is being nosey by going through their mum’s bank accounts in detail - ridiculously.

To put things in context, DH and I are in a financially unstable situation now. He isn’t working after being made redundant several months ago, for the 3rd time in a few years, all very stressful & difficult. I work but we cannot survive on my salary alone. DH has become disillusioned with his line of work and would dearly love the kind of financial support that BIL was given to make choices -ie start his own business or make a career change. We would never have dreamt of asking his mum to bail us out while she was alive though. But it seems BIL had no such qualms - this has shocked us both.

So are we BU to ask for this large payment to BIL to be recognised in how the estate is now divvied up? Ie that he gets a lot less as a result. I know their mum was entitled to spend her money as she liked, so there is no legal case here. I am worried that asking will cause major upsets & divisions but at the same time, it feels profoundly unfair & will fester with DH (and me) if we just let this go.

OP posts:
TalkinPeece · 29/04/2018 13:45

Her money
her choice
what does her will say

BuntyII · 29/04/2018 13:47

YABU. She chose what to do with her money when she was alive as was her right. You're about to cause a massive family rift for the sake of a few pounds. Which you probably won't even end up getting because you're not entitled to any more than a third! Don't do it.

MyotherUsernameisaPun · 29/04/2018 13:47

I would speak to a solicitor. In Scotland the law provides for big imbalances like that to be redressed in inheritance. I don't think you would be unreasonable to insist that your DH gets a fair 'bite of the cherry' (sorry for the horrible turn of phrase).

Hope you and your DH are ok - inheritance disputes are stressful and horrible.

TestingTestingWonTooFree · 29/04/2018 13:47

I think definitely suggest it. Otherwise DH is giving a big chunk of cash to his brother. BIL has had his inheritance early.

Who’s the executor?

LIZS · 29/04/2018 13:48

Who is executor? Unless the loan was formal, with details in writing, it would be hard to enforce if bil resists. However if it is a debt to the estate it should be taken into account.

Rollercoaster1920 · 29/04/2018 13:48

If it isn't in the will, and no loan agreement. Then tough I'm afraid. You are at the mercy of the other beneficiaries and whether they want to help you out.

MyotherUsernameisaPun · 29/04/2018 13:48

@Buntyll how rich are you that hundreds of thousands is 'a few pounds'...?

hammeringinmyhead · 29/04/2018 13:48

I think, unfortunately, her will stands (what does it say)? and you will just have to try and get past it. It is unfair.

00100001 · 29/04/2018 13:49

Follow the will.
If it says 50/50 then do exactly that.

Don't fight over the fucking money. It's uncouth.

MatildaTheCat · 29/04/2018 13:49

I would definitely ask for the money already given to be taken into account. Especially given your difficult financial position.

However, if it leads to your dh having to contest the will it will be messy, unpleasant and very expensive so much better to try to agree this amicably between the siblings.

NeedForBlossom · 29/04/2018 13:49

But legally, as no repayment plan was in place, BIL doesn't have to pay anything back.

It was your MIL's money to do with as she pleased.

TestingTestingWonTooFree · 29/04/2018 13:50

It’s not a few pounds. It sounds like OPs DH might be about to lose out on £50,000+. That could be life changing for him and his family. If MIL gave BIL a soft loan I assume that is still owed to her estate.

ajandjjmum · 29/04/2018 13:50

Was it given more than 7 years ago?

ShaniaTwainAndTheRubyKitKat · 29/04/2018 13:50

Your BIL said he was going to pay it back and he never did; if he’s a decent human he will stick by that, if he’s not then he won’t. Other than relying on his good nature, there’s probably not an awful lot you can do.

Skinnyboneylittlepony · 29/04/2018 13:51

People are selfish and shortsighted. Both BIL and MIL.

There’s nothing to be done.

Rachie1973 · 29/04/2018 13:51

If his DM gave it to him whilst alive with no conditions or paperwork I honestly believe you should just accept it. It was her money to do as she wished with.

Whats left is to be shared out.

ShaniaTwainAndTheRubyKitKat · 29/04/2018 13:51

Was it given more than 7 years ago?

Good point

BettyBaggins · 29/04/2018 13:51

Achhh, seek advice. Not sure I could deal with the greedy brother thereafter if he gets both. No its not fair but dont become bitter.

bridgetreilly · 29/04/2018 13:52

If it was a loan then absolutely it needs to be taken into account, because that money is still hers to leave, not BIL's. Talk to a solicitor.

MyotherUsernameisaPun · 29/04/2018 13:52

OP there is a huge amount of 'advice' above from people who are not lawyers and do not actually know what the legal position is. Don't listen to them. Speak to a solicitor!

trojanpony · 29/04/2018 13:53

Good grief classic MN

BIL says it was a loan

It’s a loan... he is objecting to you being “nosey” but has he refused to do the correct thing?

It’s a shame so many people don’t make proper provisions and leave things up in the air when they die.

The decent thing for him to do would be to include the loan in the estate when splitting and at a minimum declining a share of remaining estate (he already has double his share?!)

TalkinPeece · 29/04/2018 13:54

7 year rule has nothing at all to do with it - that is just for tax

her money
her choice
if you end up in court challenging it, the lawyers will win and you'll be left with nothing at all

Rachie1973 · 29/04/2018 13:54

bridgetreilly
If it was a loan then absolutely it needs to be taken into account, because that money is still hers to leave, not BIL's. Talk to a solicitor

Without paperwork its simply hearsay. Money could have been given as gifts and no way to prove otherwise.

A solicitor will cost money and hold everything up.

allez · 29/04/2018 13:54

You're being unreasonable to think or expect her will to be disregarded.

It has nothing to do with you.

TalkinPeece · 29/04/2018 13:55

PS
I was on the harsh end when a person gave over £100,000 to one person and nil to the other in their lifetime
horrible, but the way it is.