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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to my sister over inheritance?

999 replies

LadyDracula · 29/01/2019 21:56

6 years ago my father died leaving a generous amount to my sister and I (around 35k each) and left a substantial amount (135k) to my two children who are now 14 and 15. It was my fathers wishes for the money to be used towards educating my children as education was something he truly valued, yet at the time my sister and I growing up, he was unable to fulfil.

Fast forward to now, my sister has had 2 children (aged 1 and 3.5). I met up with her for lunch over the weekend for a general catch up and mentioned I have just been buying additional uniform for my Dd14. She said to me that she was looking around local private schools for her son who is due to start school next year and that she wanted to know how much the ‘budget’ was per term or per year. When I asked her what she meant she explained she wanted to know how much money was left for her two children’s education from the inheritance Dad left. When I explained none and that it had been spent (or will be spent over the next few years) on my two dc she went mental and ranted on about how selfish I had been and she had never thought for one second I would spend all of ‘our’ money on my own kids. I was totally blown away and hadn’t for one minute assumed he expected any of the money. My children both attended state primary schools and I only enrolled them at the local private schools for their secondary education. At the time I enrolled my youngest she was only just pregnant with her first child and when Dad left the money in his will he said for X and Y (my kids). My sister was an older first time mother (39) and I suspect my father thought she had chosen a career over a family. I suppose I had that thought too.

My sister left and after ignoring my calls for 2 days has said today that she needs to know my next steps. She went on to explain my best option is to move my children from their current school - including my eldest who is now studying for GCSEs - to a cheaper one and she can have the difference. I told her that won’t be happening and that my children are settled and happy. She then went on that yet again it’s all about my children etc etc.

I have no idea how to make this situation any better and don’t want to lose my relationship with my only sister over this. I am a single mum so there’s no way I could ever afford to subsidise the costs either to appease my sister and give her some money. Equally I do feel awful because I know there’s no way her and her DH could afford to pay for a private education for their children either, and now she feels like her kids have been treated unfairly.

OP posts:
PyongyangKipperbang · 30/01/2019 00:22

she could have shared the money, she just didn’t want to

and DIDNT HAVE TO!

Do you know how wills work?! People say what they want to happen to their money and give it to who they want to give it to. That is what has happened here. The OP is carrying out her father's wishes, what the hell is wrong with that?! The fact that she is seeking legal advice would suggest that there is nothing underhand here, just a sister who is pissed off that she missed out.

Mumshappy · 30/01/2019 00:24

Pyong worse case scenerio for OP. She got the 135k and has spent the majority. The will has a future grandchildren clause tucked away. So as of birth of dn1 pot should have been split (which by the sounds of it was a full pot)

MarthasGinYard · 30/01/2019 00:27

'At the time he died, she was 37, single and still saying she was career driven.'

I thought he died 6 years ago?

Then she had dc at 39?

MarthasGinYard · 30/01/2019 00:27

They are 1 and 3.5Confused

ChrisjenAvasarala · 30/01/2019 00:28

PyongyangKipperbang, a short sighted action by my father would not absolve me of guilt if my sister's children were at such a huge disadvantage. If it was my money that I had worked for, then that's different. But this isnt.

This is their mother and father's entire estate. And all the sister got was 35k. Because she chose to have her children later? All her mum and dad's money has gone to her nieces/nephews whilst her children won't have that extra step up. And if her dad had lived 3 more years, then he'd have wanted those kids to have a little help too. If that was my sister, I'd feel guilty. I'd feel like my parents hadn't thought ahead.

In most situations, money is split equally between children and can then be used as they see fit. Instead, the dad decided the money should mostly go to the grandchildren and not be used for his own kids to pay off mortgages or whatever. That's a very good wish, but he would clearly want all his grandchildren to have it. And I would feel obligated to split it, if legally possible.

PyongyangKipperbang · 30/01/2019 00:28

Oh sorry, I didnt realise we were making things up now to justify slagging the OP off!

Ribbonsonabox · 30/01/2019 00:28

She got the money before her sister had children! It was specified as being for putting her kids through school so that is what she did with it... should she have pulled her kids out of school as soon as her sister had kids so she could divide up the money??? Is money worth more than a childs welfare? As someone who moved schools constantly as a child I can tell you how traumatic it is... it's not a case of 'oh well'... the money has been and is being spent on what it was allocated for. She has every right not to want to share the money because it's her chikdrens money!!!

Queenofthestress · 30/01/2019 00:29

People can talk about how you should have split it with all the grandkids at the time all they like but you legally can not do this if yours where specifically named as the beneficaries so they are talking out their asses.

choirmumoftwo · 30/01/2019 00:30

Out of interest, if the money was left to the DC but the will didn't specify that it was to be used for their education, should the OP even be spending the money on school fees? It may have been her DP's wish verbally but should she even be accessing the money? If she can't share it with her sister because it isn't hers, how can she spend it?

PyongyangKipperbang · 30/01/2019 00:31

I would feel obligated to split it, if legally possible.

Good for you. But why should the OP do the same? SHe has carried out her fathers wishes, which is fine.

HeronLanyon · 30/01/2019 00:32

As a beneficiary I assume your sister was sent a copy of the will (standard).( If not she should have been). If so she will know how much was allocated to educating the children and/ornwill have known that x and y were named. I’m worried that whoever was executor didn’t give her a copy ??
Also worried about the future - it’s bad enough you and you sister potentially falling out but the future of the family and cousins could be tricky.
You are in a really difficult situation.
I also can’t understand why when she became pregnant you didn’t talk about this.
Good luck.

Coolaschmoola · 30/01/2019 00:32

I really can't fathom why people are being so bloody obtuse on this thread!

The money was left to the two named children. It belongs to THEM. Noone can legally take any of it from them, for any reason other than education.

My DM left my sisters and I equal amounts (as did the op's father).

She left my DD an inheritance as she was the only grandchild.

My dsis has since had a baby (totally unexpected). By law I cannot take money that was bequeathed to my DD and just give it to my DN. IT IS NOT MY MONEY.

My DD may only be seven, but my DM specified that the amount in question was to be bequeathed to DD. Therefore it is not for me or anyone else to take it from her and give it away.

My dsis understands this (because it's not fucking rocket science) and there is no issue at all with it.

OP you've followed the law, the will has been executed as per your DFs wishes. End of.

Do NOT remortgage your house! You are not responsible legally OR morally in any way.

AngeloMysterioso · 30/01/2019 00:33

I do know how wills work. I know that when my Mum dies I will inherit her entire estate (not a large sum by any means) as she and my DB have been NC for several years. And there’ll be nothing he can do about it, because it will be legally all mine, mine-y mine.

However, my DB has four DC. And even though I don’t HAVE TO, I’ll make damn sure I give some of it to them. Because they are just as much my DMs GC as my own will be, and it’s the fair and decent thing to do.

Gruzinkerbell1 · 30/01/2019 00:33

This thread is utterly ridiculous. The sister is insane as well as half the posters on MN tonight The father's will is a legal document. You can't go around disregarding wills when people stamp their feet - it's illegal. That money was specifically left to the OPs two children. Nobody else. If OP had gone on to have another child after her father's death the money wouldn't have been able to be used for that child either. She has spent the money as instructed to do so. It's unfair, but tough luck to the sister.

As an aside, I absolutely would not remortgage my house to pacify her with some cash. She'll be back for more as soon as she's spent it on their first couple of years of schooling.

itswinetime · 30/01/2019 00:34

*'At the time he died, she was 37, single and still saying she was career driven.'

I thought he died 6 years ago?

Then she had dc at 39?

They are 1 and 3.5*

That's how I understand it from What the op hasn't said

choirmumoftwo · 30/01/2019 00:35

Sort, DF not DP.

BenjiB · 30/01/2019 00:35

It’s not your money it was left specifically to your children so there’s nothing you can do even if you wanted to.

choirmumoftwo · 30/01/2019 00:37

I need to go to bed, I can't even spell anymore!

Schmoobarb · 30/01/2019 00:37

And all the sister got was 35k.

All OP got was £35k as well.

Because she chose to have her children later?

How the fuck was the OP’s dad meant to know she’d have some several years after he died at the time he drafted his will? Why bother every paying out an estate after anyone dies? Why not keep it all sloshing around just in case random as yet unconceived beneficiaries keep popping up for years to come?

MissConductUS · 30/01/2019 00:41

The will was poorly setup not to allow for this possibility.

Talk to a solicitor. If the money was left to specific individuals for a specific purpose you may not have the option of diverting it to others.

Coolaschmoola · 30/01/2019 00:41

**'At the time he died, she was 37, single and still saying she was career driven.'

I thought he died 6 years ago?

Then she had dc at 39?

They are 1 and 3.5*

That's how I understand it from What the op hasn't said*

Those timings WORK. I'm confused why people think they don't...

6 years ago = 2013

2013 - DF dies, DSIS is 37.
2015 - DSIS, now 39, gets pregnant with dc1. Pregnancy takes 9 months...
Later in 2015 - dc1 born.

2019 - (3.5 years later) dc1 is 3.5. They'll be 4 later in the year.

How does this NOT work out for those of you questioning it?!

Andro · 30/01/2019 00:43

Out of interest, if the money was left to the DC but the will didn't specify that it was to be used for their education, should the OP even be spending the money on school fees? It may have been her DP's wish verbally but should she even be accessing the money? If she can't share it with her sister because it isn't hers, how can she spend it?

This depends on how the will was set up. If the will left 135k to be split equally between X and Y, the money would have to be managed appropriately and the dc would inherit on their 18th birthdays.

If the will stated that the money was left to X and Y for their education under OP's direction, OP can access the money for her dc's education but it wouldn't be available to be otherwise disbursed.

If the will left the money to the OP for X and Y's education, I'm not sure.

itswinetime · 30/01/2019 00:44

Coolaschmoola
I wasn't meaning to question it just confirm that was the time line obviously by spelling is showing me up now it's late hasn't was meant to be has.

BeekyChitch · 30/01/2019 00:47

@IAmNotAWitch @Andro sorry didn't realise you spoke on behalf of OP. Confused

Andro · 30/01/2019 00:50

@BeekyChitch - I don't, nor have I suggested that I do.

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