Inheritance advice

[clarepetal]

Really not sure what to do here.
My Dad died of cancer nearly 3 years ago, he had an aunt who did not have any children of her own so when she dies any inheritance would have gone between him and his brother (my uncle).
As soon as he was diagnosed, he sat down with my mum ran through all the finances and said when his aunt died that he wanted his inheritance to go to straight to her rather than my brother and I as she would need it more and it would eventually come to us through inheritance from her (and him). He also said that she would be ok, their mortgage is paid off and they had some savings although not much. She works part time. He died, very sad property all in her name now.

Fast forward 3 years, his great aunt dies, we assume that he'd spoken to his brother to ask that his share of any inheritance go straight to my mum. The dozy bugger never had that conversation and we've been told that some inheritance is coming to my brother and I, nothing to my mum.
The aibu is this, I have no idea how much we're talking, but should I give it to my mum, it's what she'd like, it's what dad wanted, but bloody hell I could do with it. I'm in a 2 bedroom flat that needs new bathroom and kitchen and I'm skint. Am I a greedy CF, reading this back, I think I ought to give it to mum but I secretly want to use it for my flat. Please don't be brutal....

Birdie if ypu read the thread you'll realise none of that is true. The aunt didnt understand her nephew was dead and couldnt have amended her will due to her dementia. Hence the OPs moral dilemma (legally the money is undoubtedly hers).

BarbarianMum -- The Aunt would have been asked who she would have wanted her money to go to if any of the beneficiaries died before her. So the fact that it goes to OP and her DB would probably have been written in the original will she wrote when she was in sound mind.

For all those posters who are under the impression that the aunt’s bequest trickled down to the OP and her brother simply because their DF predeceased the aunt, that is not how wills work.
A properly drafted will provides for every likely and unlikely eventuality.
No matter what the ages of the testator and beneficiary at the time the will is executed, there is always the possibility that the beneficiary may die before the testator and for that reason a residual beneficiary or beneficiaries are provided for. In this case the aunt will have left the bequest to DF with a gift over to his children in equal shares if he should predecease her. Thus the circumstance of DF predeceasing his aunt WAS foreseen. All this would have been discussed with the aunt when she made her will. At that time she would have had the opportunity to say that no, she wanted DF’s widow to get his share.
The situation would be different if aunt died intestate but she did not.
Alternatively, if it was an informal will written by the testator on the back of a cornflake carton “all to DF” the law will decide succession.

So @clarepetal did you use the inheritance to do your bathroom, give it to your mum or put it in the bank?

You've a lot of interest in other peoples money!

The aunt is your dad's blood relation so it's right that his share goes to you & not your mum as she wasn't a blood relation. That's how I see it but in fairness I'd take the whole sum & divide it by 3. So if your great aunt left your dad £30k, you all get £10k each.

I’m sorry you’re in this situation. I have been in a similar, though dad just asked us to look after mum, not handover inheritance. My sister and I sat down and looked at all the monies. Like someone said earlier, we didn’t just want put a lump sum in mum’s account in case at a later date, it went to care home fees. So we’ve taken over some of my mum’s bills, such as rates and fuel bills, leaving her with a more disposable income. So far, working out fine.

Use the £40,000 inheritance you said you had yesterday on another thread to sort your bathroom. And strangely, on that thread, your parents have their own money too.

Maybe because this thread is 3 years old 🙄

Opps, never noticed the date. 😬

You again. You had £40k in the bank and were going on expersive holidays yesterday when you were busy complaining about you in laws’ profligacy.

vinyl
Maybe things have been sorted out over the last 3 years.

@maras2

vinyl Maybe things have been sorted out over the last 3 years.

I guess the thread was resurrected because yesterday OP was behaving like a complete arse about her inlaws and how her family have had to work for every penny and still cannot afford birthday cakes.

aprilx
You're quite right.

I agree with those who say that the will should have dealt with the fact of the recipients dying first. Its absolute standard

And in those cases, she would have had the choice - write that it goes to the spouse of her sibling, or pass it to the children of the sibling.

As there appears to BE a will and she is not intestate (which would pass it all to her other brother) she has made a concious decision to pass any monies that would have gone to her brother direct down the line to her brothers children.

This makes perfect sense. Leaving it to your mum means there is a risk it will be used up in care home fees later down the line, and will be taxed twice - once now and once again when your mum dies. Plus she isnt old, so plenty of time for her to remarry and then everything potentially going to her next partner

Its also generally a given that you pass money down the generations, so that you can help the young who are more likely to need it, rather than have it as spending money for those who should be established and comfortable at that point.

Id be calling your uncle and asking for clarification about the will. Im assuming your mum rightfully got everything from your dad, and nothing was passed down. This money isnt his though. She shouldnt have been relying on it. If she is short of money then she should, as a minimum, be asking your brother to contribute - even more so if he gets this inheritance, unless we are missing something like SEN

I guess the thread was resurrected because yesterday OP was behaving like a complete arse about her inlaws and how her family have had to work for every penny and still cannot afford birthday cakes.

OMG I didnt realise this was the same poster. Well that explains the £40K inheritance!!