Unfair sibling inheritance?

[Sooperdooper19]

I have 2 sisters and 2 brothers. 3 of us are married and work although none of us are high earners, own small cheap houses and rarely holiday abroad etc. One sister had been on benefits for many years due to MH issues and now also has mobility issues. She lives in an HA flat.

Then there is my youngest sister who is mid 40s. She has never left home and has only worked part time in a minimum wage job for many years. No idea why she doesn’t work full time but that’s her business. She has no medical issues preventing full time work btw.

My mum is very unwell and likely to live only a few months and my dad passed with COVID last year. I have recently found out that myself and my younger sister are executors for their will and have also discovered that my sister is able to remain in my parents house for 15 years after the death of my mum at which time, the house can be sold and split 5 ways. As future beneficiaries, the 4 other siblings are expected to assist in keeping the property in good order during the 15 year period.

I don’t mind as I have what I want and don’t have or want an expensive lifestyle. However, 2 of my other siblings are really not happy that the house can’t be sold within say a year (as they believe that is plenty of time to give my living at home sister chance to sort out alternative accommodation). They feel like she is being rewarded for being lazy and not making her own independent life.

I should point out she refuses to do any care for my mum apart from cooking her meals when she makes her own. Everything else is dealt with by carers.

My mum doesn’t have capacity now to change her will. My siblings wish to contest the will legally when mum dies and expect me to want to do the same. Although I agree to a certain extent and agree my sister is a lazy freeloader, it feels wrong to go against my parents wishes.

So AIBU to help contest the will when I’m not morally convinced it is the right thing to do?

I would point out to the sister that she has more chance of getting a mortgage now than in 15 years. But ultimately I think you have to go with your mum's wishes. Although can they force you to pay for the upkeep?

I’d leave it.

Your parents probably viewed the companionship and knowledge there was someone capable living in the house 24/7 as a worthwhile investment; it’s not just about carers visiting. Many people also prefer carers to relatives looking after their intimate needs.

£275 between the five of you will disappear if you contest it and you will end up with a fractured family.

@ThatIsMyPotato

I would point out to the sister that she has more chance of getting a mortgage now than in 15 years. But ultimately I think you have to go with your mum's wishes. Although can they force you to pay for the upkeep?

Presumably she gets to stay more or less free for 15 years which is a lot of money to save as a deposit.

@Sooperdooper19 so the only reason you feel it’s morally wrong is because you don’t want to contest your mother’s wishes?

If your sister is also due to get money from the house sale it’s not in her best interests to trash it. But at the same time it’s in yours to ensure that it’s maintained. I would personally try to come to some sort of agreement with her first.

What grounds would they be wanting to contest it on?

As, if you know it represents your dms wishes and she wasn’t coerced by your sister and she had capacity at the time, I don’t think you have grounds and would be wasting your money.

@SunbathingDragon they are already fractured since the rest of the family view this sister as a lazy freeloader. She might or might not be who knows but the impression Is there....

@OwlTwitterings but does she earn enough for the upkeep? Council tax and water bills (where I live) are fixed. It costs the same to heat the whole house. This is being paid for by one person when it used to be shared with mum (again an assumption). If she’s working not only min wage but part time and continues to do so she might not have more disposable cash...

Perhaps let ot play out. What youve found out may not be true, noone will see the will until its opened and your mum doesmt have capacity so anything she has said may not be accurate. So dont get worked up now.

If it is correct then id be asking a solicitor some questions like what happens if you dont upkeep the house? Would she take you to court? Is the will even legal (in the sense that you have to maintain for 15 years?). Is it easier to forgo your share and notnhave the hassle or just sell it on as a doer upper and leave your sister to live how she wants in that time? Might be cheaper than legal fees to fight it.

Has the sibling who is benefitting been caring for your parents?
If she has, I’d say that may be fair.

Solicitor here.
The will sounds a bit odd and not properly drafted. Was it done by a solicitor? It sounds like the intention of your parents was to create a 15 year trust with your sister as the beneficiary and the other siblings as trustees. But a trust will normally specify how the costs of administering the trust are to be funded - the testator cannot simply decree that the trustees fund this out of their own pocket.

I don't think you sound like vultures at all. You are sensible to try and get to the bottom of what was actually intended and if it is legally workable. For example a trust might provide that income from the asset (from renting out rooms etc) is to fund its upkeep, as the asset is something that the testator has the power to bequeath. However, a testator will not have the power and control to command that the trustees spend their own private income on the upkeep, because that income is not the testator's to bequeath.

It might be better for all the siblings to enter into a deed of variation so that you all get your share in early course and your sister can get on the property ladder with a smaller more manageable property. This happened with my MILs will which contained an unworkable trust. Your sister would need to be advised to seek independent legal advice of course but it may be her preference too unless she wants to be beholden to fund the upkeep from her modest income or from renting out rooms.

I am glad somebody has just written what I was thinking, on what grounds are they thinking of contesting it anyway. You cannot just contest a will because you don’t like it.

It is either challenged because there is a belief that she was coerced, which is quite unlikely, particularly if it were signed in front of a solicitor. The only other grounds would be to make a claim for upkeep because there was a financial dependence, which also does not appear to be the case.

So it is a moot question in my opinion.

As she only works part time would she be able to afford gas, electricity, water, council tax, tv licence, possible tv/internet subscription, food, clothing, her 1/5 of upkeep and any other bills she may have out of her monthly wage?

I expect your DM pays the bills at the moment and if benefits are also claimed then they will stop when your DM passes away.

It is not the best situation but make sure you protect your shares in the house by putting a restriction on the register to prevent your sister or anyone else putting a charge on the title, or selling it without you consenting.

For your sister that is on benefits this maybe an advantage, as soon as the money from any inheritance hits her bank account all her benefits will stop, but if she is 67 then it’ll be different - so the nearer 67 she is the better for her

If 2 siblings want to contest it let them go and get advice on the matter from a solicitor- then see what they say

Can you find out if it’s actually specified as 15 years? There might be a clause to say that it’s only if she doesn’t have her own place or say up to 15 years as opposed to 15 whole years.

And if it is 15 years, I don’t think you should waste the inheritance by contesting it and let your other siblings know so that they are also hopefully on board.

Would it be possible to let your sibling remain and thus comply with your mum’s wishes? But have something written that in the space of the 15 years that she does remain in the house, she needs to be more responsible for the upkeep as she’s the one living there but this does not mean that her share of the house will be larger because she maintained the house? Otherwise it might be a case of her spending xyz amount on upkeep and therefore feels she deserves a bigger chunk. Also can it be be stipulated that after 15 years, the property will be sold? That way she can’t turn around and say she was made homeless as she’d have plenty of time to save up to get her own property. If she doesn’t, that’s her loss, after the 15 years, she must move out and the property is sold and you each get a share.

@TwoAndAnOnion

I have recently found out that myself and my younger sister are executors

You only just found out? this was not discussed with you? you did not consent? the solicitor didn't write and advise you?

Your job is to carry out your mothers wishes.

No ...sorry, I knew I was but didn’t realise my sister was too. That only came to light when dad died. And I agree, it is my job to carry out my mums wishes, the ‘annoyed’ siblings feel differently!

@Stressedtoddlermum

Saw your update about her probably having savings. I’d refuse to pay any upkeep, but wouldn’t be bothered about her living there and would just cut my loses and not think about 15 years time.

That’s my opinion tbh.

How is it legal for your mum to order 4 of you to pay for the upkeep of a house you won’t meaningfully own out of your own pockets? What if none of you could afford it? What if you all died in the next 15 years?

Personally I would be happier for my sister to just inherit than have to contribute to upkeep for fifteen years, it feels a lengthy emotional tie.

People make provision in their wills for a reason. Even if that reason if is flawed or unfair, it's what they want, and I think it is wrong for beneficiaries to challenge that and seek to go against the wishes expressed in the will, unless there's a suspicion of coercion or abuse.

I think it would be very wrong for an executor, who was chosen to carry out the wishes of the deceased, to be party to such a challenge.

@picturesandpickles That’s if she wants to move though, she might be perfectly happy to remain where she is. If that is the case, it makes more sense that she then contributes more for the upkeep seeing as she will be living there.

What are the rules on her moving a partner in ? If she moves in a partner will they be contributing to house repairs? Imagine having to fork out for a new boiler while her partner benefits from no rent and no repairs costs for a decade or more !

I think you could find that your sister may not even be able to afford the monthly bills on the house if she is only working p/t - that is a different affair to the rest of you being expected to maintain it for 15 years and, of course, she would have to pay her fair share of that too. So she may willingly agree to sell the house and downsize after a reasonable time when she realises that the will didn't mean you would be funding her lifestyle for the next 15 years like your parents did and that, in her sixties, she would have to find alternative accommodation.

Sorry but you don’t sound like vultures at all. It’s 15 years that’s a lot and your sister won’t do the upkeep. I’d find that horribly unfair especially as your sister didn’t look after the parents. I say that as someone is unable to work full time due to illness I would feel awful if my mum or dad missed my siblings out like that.

When I worked at a law firm a sibling disputed being excluded from the will. He was a millionaire and his two sisters had their own houses but weren't particularly well off. The estate was worth 150k,the final legal fees were close to 500k. There was nothing left for any of them. I wouldn't recommend disputing a will. Once you issue proceedings it's like being strapped into a rollercoaster that's already taken off.

Sorry about your dad and about your mum's I'll health.

Man, this is a bit of a pickle. I'd be annoyed if I were in this situation. 15 years is a looooong time. I have nothing useful to add, but I do hope it works out for you all.