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?

As I posted earlier the exact situation happened to my DH
He installed a friend of his as a lodger who had a rather big smelly dog 😂 it also meant that my DH had his own little spy in the house

The boyfriend complained and my DH said he was welcome to leave and he was lucky that he didn’t put in more lodgers in with even smellier dogs
It really pissed of his mums boyfriend but there was nothing he could do about it legally and he eventually left

@dollytub if they all moved back in she would need to live with them or sell like splitting couples do.

You need to get legal advice from your solicitor. The wording of the Will is very important as is the law in your part of the UK about what happens where the Will is silent about something such as what happens if you decline to accept the bequest. There may be wiggle room that your solicitor can identify. Occupancy rights are not uncommon and a nightmare if the parties are not wealthy and on good terms. It's all very well if a substantial trust has been set up with lots of money in it to oversee the occupancy and pay maintenance,repair and insurance. Unfortunately , these occupancy rights are often set up precisely because the deceased didn't have anything but the house. The situation may be resolved in a number of ways. It could be agreed that your sister gets full ownership of the house but subject to a Charge ( security) in the Land Register ,in favour of the other 4 ,in terms of which you get paid out a certain amount or percentage of the value if your sister gives up residence,sells the house,or gifts it to someone else. If funds are available you could all agree to buy out your sister and then sell it. Her occupancy rights have a value and so do your rights to the house at the end of fifteen years. There are commercial businesses who might buy out the other four children's rights. There's plenty scope for negotiation and that's likely to be cheaper and quicker than trying to "contest" the will. The chances of your sister being able to get a mortgage to buy another house seem very poor.

Assuming the house and any other assets and savings is worth over £325, inheritance tax will have to be paid. You may have to sell the house to pay the 40% inheritance tax surely?

@Blacksheepcat

Assuming the house and any other assets and savings is worth over £325, inheritance tax will have to be paid. You may have to sell the house to pay the 40% inheritance tax surely?

Inheritance tax is doubled to £650k when the 2nd spouse dies. Then more can be added when the family home is left to a child, taking the IHT threshold up to about a million.

We recently had a similar issue, just a shorter term and involving DH's second wife. I asked for advice on here - as our issue was that neither us or BIL could afford the upkeep of an old house, specifically handling the fact DH's step mum had very high standards..

We were given some great advice, I think I posted in the legal section , might be worth a hunt. It was something along the lines of taking out loans against the house.

As it is, our situation took a sudden change as DH's stepmum chose to move out early so it's no longer a long term concern (she's fine btw, nicely settled)

The lodger idea is a work of frigging genius!
You kill two , even three birds with one stone

When it says the upkeep of the house, does that actually mean bills too? If your sister isn't earning much can she afford everything?

My uncle is in his 80s and has 3 sons. Two are married with families of their own but the youngest who is mid 50s has never left home and is currently unemployed after yet again leaving his job. My uncle wants him to remain in the house but doesn't seem to have thought how he will pay for everything on Jobseeker's Allowance.

What year was the Will made? It would make more sense if it was years ago when sister was a bit younger...but even at that 15 yrs seems extraordinarily long. To me it makes far more sense to sell within a reasonable period so that your sister has her share for a deposit on somewhere that will allow her to get a mortgage whilse she is still in her 40's with a salary for 15/20 yrs. Or your sister in residence raises a mortgage now to buy out other 4 shares so that she has secire roof over her head presuming she keeps up with the mortgage. If she is not responsible enough for that now...how bad will it be in her 60's if all she has then is her 1/5 share..& who knows what value that will be then as it could be less than it is worth now. She'll end up out on her ear unable to buy at that point unless she would save hard & have the additional funds ready & waiting in 15 years time. Maybe legal advice for all concerned might find a workable solution in the form of a Deed of Family Arrangement betw all beneficiaries...but if your sister digs her heels in & wants the Will to stand then challenging it will eat into the estate. Def get legal advice & not from your Mother's solicitor but from someone who specialises in trusts & estates. I know your Mother is still living so you are not entitled to her Will (without her consent) until after her death. You may have to let this go for now. Sorry to hear your Mum is unwell, it is awful to think a feud may be on the horizon at such a sad time.

I’m sorry but that made me really laugh! I wouldn’t do that her tempting though it is.....hmm

Sorry..that was in reply to the PP who suggested a lodger with a drum kit 😀

It is completely ridiculous to expect the sibling group to maintain the property for 15 years and obviously not possible for the dc on benefits.

You need to seek decent legal advice.

It might be that the threat of lodgers would be enough to winkle your sister out of the house. If not at least they would cover the costs a bit.

Ok if not a drum kit how about a lodgers who you specifically ask to never wash up and leave bowls of half eaten cereal lying around the kitchen to go mouldy? Or a single parent with a newborn who screams all night ?

Also one issue is she might try to change the locks. Shes not supposed to do this because it's a joint property but she might try. She could call all the local lock Smiths and make it clear that if they are called to that address you are a joint owner and do not give permission for the locks on that property to be changed.

I think you just have to accept it doesn't have to be ,or need to be fair. And it's not.

Seriously I/we have never thought of lodgers! You’ve all made me chuckle tonight and voiced what I feel guilty feeling!

I probably need to look into the legalities and stop burying my head in the sand.....goes off to prepare advertisement for two rented rooms in house with plenty of room for Quadruplets!

I read a thread on here about someone's Dad passing away and leaving his home to his new wife with instructions that the kids pay for house maintenance. The wife tried to argue that she shouldn't have to pay for council tax because it was a coat of owning the house.

I think that it's important to get legal clarifications about the house maintenance. Who organises the quotes? Who judges what maintenance is necessary and what is not? Etc Is your sister likely to be proactive about home maintenance?

In your shoes I'd be far more angry about being asked to pay for house maintenance for 15 years than the fact that I wouldn't get an inheritance for 15 years. It sounds like some of your siblings can't pay anyway.

Finally in 15 years time how will be enforce her leaving? She won't be able to get a mortgage and it will be more emotionally difficult to evict a 55 year old

After your Mum passes you could leave it a year or 2 and then ask her if she would prefer to sell and if siblings are in agreement have a slightly higher share in exchange for moving out and selling before 15 years. Possibly offer her 25 percent and rest of you share 75 percent.

@sooperdooper19 joking aside about a drum kit you could specifically advertise the two spare rooms to couples and allow pets. I'd line up two potential couples then ask her if she prefers living with four strangers plus potential pets or if she would live to sell. If she says no to selling I think you'd legally be fine to move them all in.

It is totally unreasonable that siblings on benefits be asked to contribute maintenance to a house they might own 20% if in 15 years. (I say might as sister who lives there sounds a problem). Benefits aren’t enough to pay that. Everyone else probably has costs as well. I’d reread the will, and explain to sister after your mum passes that you aren’t going to do that, she can maintain the house.

Sorry about your mother. It is reasonable to put in lodgers as these would help pay for the maintenance. Your sitting tenant sister can't expect to have use of all the house and only pay a fraction of the maintenance. The alternative is to let her live there alone but you refuse to pay the repair bills. As this could reduce the value of the asset it's a worse choice for all of you. You might want to ask the sitting sister which of these options she would prefer. If she's any sense she'll vote with her feet, allow the house to be sold ( deed of variation signed by all of you) and buy a smaller place of her own.

Have you ever thought that there is an underlying issue with the sister who lives at home? She's in her 4s, never had a full time job, never left home?

Surely it's more than laziness?

There's a reason your mum has protected her all these years and why she wants her protected after her death? Can you find out?

Yesterday 21:10Zzelda

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.

@honeylulu, could OP's other leave a separate financial inheritance to the other siblings on trust on the basis that part of it is used for upkeep of the house?

Yes this is a possibility and it's often in situations where there are costs attached to maintenance ie the care of a pet or the upkeep of a grave. The money is left to the trust for the permitted use by the trustees with instructions as to how any surplus is to be dealt with when the trust is dissolved. But there would need to be quite a fund for 15 years maintenance for a house, or provision as to how the asset would generate the income required ie by renting it out. The impression I get is that this sounds like a DIY will where these aspects haven't been dealt with.

I would consult a SHL.
Are there any other assets?

How much will it cost to contest the will, even if you lose some of the money, as you may have to fix the roof at a minimum. & alot more over 15 yrs

I'd also tell her that you are not able to maintain it & each if you will be moving in a lodger so she doesn't end up getting squatting rights for life.

I would also remind her that if she were to remain 15 yrs., the other assets will be divided up immediately & she will gave to pay all bills & taxes
& still be homeless in 15 years with a fifth share of a run down home & no family that will give a damn

I bet she begged mum that she could live in the house until she died or moved out but mum said no so this was a compromise.