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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

School fees and inheritance. I have my hard hat

1000 replies

barenakedhazy · 14/06/2024 21:16

I have 3 children, currently all at Uni. My sister is child free by choice.

11 years ago my husband and I sat down and did the maths about school fees for secondary school. We had planned to send our children privately but the youngest two were
twins and while affording 2 would have been possible, 3 wasn't. We were disappointed as we'd planned for this school, but instead started looking into moving house.

When we told my dad this he made us an offer. He'd recently sold his house to downsize to a small flat in an over 50s block and he was cash rich. He offered to pay for the kids to go to school. He felt really strongly about them going and this mattered to him- more than it mattered to us frankly. To ensure their education wouldn't be disrupted he paid the school for 7 years up front for each child. This was just over £100k each.

He then changed his will stipulating that my sister would get the first £300k of any inheritance, with the remainder split between us. (Look - before people start pulling this apart it was a lot more complicated and involved- this is just a simplified summary). He felt confident this wouldn't be a problem as he owned a property he'd paid £250k for and had another £200k left after paying the school fees, as well as a good pension for day to day living.

Over the next 10 years things weren't brilliant. In summary- flat was a terrible investment which cost £50k in 5 years for leasehold repairs and eventually sold for less than he bought it. There were some mistaken investments. He helped out his sister with a loan and she then died and our cousins were dreadful and said without a legal loan agreement they wouldn't repay from her estate. Finally there was a fall that hospitalised him and left him wheelchair bound and needing full time care.

My dad died 7 months ago and after over 5 years in a care home there was almost nothing left for an inheritance.

My sister and I are joint executors and she is furious. She says I got over £300k and she got nothing. She wants £150k off my husband and I to make it "fair".

I understand she's upset and do see how it seems wrong. However we weren't going to go the private school route as we couldn't afford it- this was something that mattered to my Dad and which he did for his grandchildren. I said I see it as a gift to his grandchildren- she says she's being punished for being child free.

I was sympathetic but she's been so bloody horrible that I'm at the stage of just telling her to get lost and never speaking to her again. She's made Dad's death all about money and seems more upset that there's no inheritance than the fact that he's died. She visited rarely and had nothing to do with setting up the care home or managing the fees- I had POA and did all of that. Now she wants his accounts audited and I'm so angry at the implication that I mismanaged things.

Anyway. AIBU to tell her that she's not getting £150k off us? We do have the money as we are both in well paid jobs and she's always struggled to find her niche which I think makes things harder. She lives alone and doesn't have a lot saved for retirement which has been worrying her, so I think some of this is because she was relying on dad's money. However if she'd have bothered to get involved in his care she'd have seen the situation in real time.

OP posts:
PandaRosie · 14/06/2024 21:32

barenakedhazy · 14/06/2024 21:29

She was told at the time. My dad said that he'd paid the kids fees and that he'd made it equal in the will. I wasn't directly benefitting - we weren't buying a bigger house and going on flash holidays. This was money we never saw that went directly to the grandchildren.
She also vastly underestimated how much school fees were. (We both went to the same school in the 70/80s for a lot less!)
Finally 11 years ago she was in a relationship with a nice chap, with a mortgage and a job that looked like it was going to stick. Her circumstances are different now.

You did directly benefit?! All your kids went to private school because of your dad.

I think it’s pretty shit what your dad done, he should have gave her the money at the time and I think it’s only fair that you give her what she’s entitled too. You have the money.

PrettySenior · 14/06/2024 21:32

This is a very difficult one and I can see why you're torn. It's also complicated by the fact your sister didn't really help your dad towards the end of his life. But from your sister's perspective you and your children drained her inheritance and have left her with nothing. So yes I do think on balance you should pay. And even if you do give her £150k you'll still have had the benefit of an interest-free loan of that amount for 11 years which is worth a lot in and of itself.

Nomad14 · 14/06/2024 21:32

You need to give her £75k

Itsdefinitelytimeforanamechange · 14/06/2024 21:32

Are you really willing to lose your relationship with your sister, possibly permanently, over this. If you have 150k sat there I would repay her (maybe not all but some) and move on, feeling thankful that I have been able to send my children to private school and grateful for the generosity I received at that time

theowlwhisperer · 14/06/2024 21:33

The time for her to ask money or at least express it wasn't fair, was THEN.

It's too late now. Do not tell her you have a spare £150k, with 3 kids at uni, it's money you do need!

That money belongs to your children.

ParentsTrapped · 14/06/2024 21:33

I wasn't directly benefitting - we weren't buying a bigger house and going on flash holidays. This was money we never saw that went directly to the grandchildren

Except you had £200k more spare than you would have had if he hadn’t paid those fees?

Hermittrismegistus · 14/06/2024 21:34

I wasn't directly benefitting - we weren't buying a bigger house and going on flash holidays

Of course you directly benefited-you avoided having to pay at least 200k of school fees.

curious79 · 14/06/2024 21:34

YANBU
your dad offered this even though you weren’t that bothered and we prepared to go without.
No one could’ve foreseen what was going to happen
You can’t just give your sister a gift of £150,000 even if you want to. It’ll be taxed

Beautifulbythebay · 14/06/2024 21:34

She is disrespectful of your df. He wanted his dgc to gain private education.. Presumably if she had dc they would have too. You haven't gained the money.

fancysleep · 14/06/2024 21:34

Do you have 150K? No you have children who have their schooling paid for. Does she want one of them or something? I get her anger but really your dad should have rewritten his will and just said sorry you can have what's left.

PurplePolkaDot0 · 14/06/2024 21:35

Sorry OP but you have directly benefited - you could afford £200k for schooling so you only ‘needed’ another £100k.. so you are up by £200k. But I don’t think it matters that it was for schooling so you yourself didn’t see the benefit, sending them to private school was your choice, your kids presumably didn’t ask for it!

Whatkindofworld · 14/06/2024 21:35

I think you owe your sister £150K.

fancysleep · 14/06/2024 21:35

PandaRosie · 14/06/2024 21:32

You did directly benefit?! All your kids went to private school because of your dad.

I think it’s pretty shit what your dad done, he should have gave her the money at the time and I think it’s only fair that you give her what she’s entitled too. You have the money.

The kids benefitted

NoveltyCereal · 14/06/2024 21:35

Sorry for your loss. You clearly know this, but with all due respect, this is your dad’s fault and by not thinking ahead, he has shafted your sister but also, likely ruined the relationship between you both and, it seems, your cousins.

Saying that, this money was effectively a gift to your children and not an inheritance. I absolutely don’t think you should pay your sister £150k and it certainly wouldn’t be fair to do so as she’s effectively taking your children’s inheritance to make good her own. Out of respect for the situation I’d probably help her out massively with some form of gesture like regularly paying for her to go on holiday with you all as a family maybe as a way to try and heal but it sounds like a dire situation.

theowlwhisperer · 14/06/2024 21:35

The OP did not directly benefited, her children did.

The sister would have had a point if her own children had missed out. It's not the case.

Out of curiosity, did your father really spent £300k on your childrens school fees? If he spent any less, was your sister ready to give out some of her inheritance to give things fair? I am guessing not...

chloechloe · 14/06/2024 21:36

What does your husband think? I guess from your post that the money you would use has been saved by both of you?

PurplePolkaDot0 · 14/06/2024 21:36

curious79 · 14/06/2024 21:34

YANBU
your dad offered this even though you weren’t that bothered and we prepared to go without.
No one could’ve foreseen what was going to happen
You can’t just give your sister a gift of £150,000 even if you want to. It’ll be taxed

Only taxed if OP has used her nil rate band and dies within 7 years of the gift.

PandaRosie · 14/06/2024 21:36

I can see why your sister is furious.

You got 300k and she gets fuck all.

You should give her the 150k since you have it

barenakedhazy · 14/06/2024 21:36

Donutbed · 14/06/2024 21:23

Sorry I missed that you DO have £150k sitting around. If you are rich and have truckloads more than that I'd probably give her some. Things have been unfair - you could make it less unfair IF you can afford it

We're not loaded. When we hoped to send them privately paying ourselves we both had demanding full time jobs with big commutes which ultimately still didn't pay enough.
We had a rethink about 8 years ago and both changed jobs to be more local and less stressful. We have a house which is still mortgaged for 5 more years but do have good pensions. £150k is a huge chunk of our savings and we are hoping to give each child a house deposit at some stage.

OP posts:
delusionalonathursday · 14/06/2024 21:36

You absolutely DID benefit though OP since you were fully prepared to pay for 2 children so stop staying it was your "dad's dream" it wasn't. You said you had always planned to send them privately. So your dad kindly stumped up the cash and rather than you say oh no dad just gift the £100k for the surprise extra child you took £300k off the chap and then have happily spent the money you had earmarked for school fees on bettering your own life/lifestyle

I feel awfully sorry for your sister

Hermittrismegistus · 14/06/2024 21:37

theowlwhisperer · 14/06/2024 21:35

The OP did not directly benefited, her children did.

The sister would have had a point if her own children had missed out. It's not the case.

Out of curiosity, did your father really spent £300k on your childrens school fees? If he spent any less, was your sister ready to give out some of her inheritance to give things fair? I am guessing not...

How is it not directly benefiting to save 200k on school fees?

TomatoSandwiches · 14/06/2024 21:37

If your dad was here seeing the fall out do you think he would let it remain or if he could go back and make things fair do that?

You could really only needed 1 childs fees covered but you took for all 3.

I would not feel right leaving my sister with nothing in your shoes, do you not feel awful?

barenakedhazy · 14/06/2024 21:38

EatTheGnome · 14/06/2024 21:25

Ask yourself- if your dad was alive and had the money back, what would he do with it? Would he cut her out for your kids?

What happened to the other 100k?

Flat repairs. Loan. Care home fees. Daft investments.

OP posts:
Tacocatgoatcheesepizza · 14/06/2024 21:38

So you have more than £150k saved? Yes I’m sorry but I think you owe your sister something. Your dad clearly thought he’d be able to leave something to her.

ParentsTrapped · 14/06/2024 21:38

barenakedhazy · 14/06/2024 21:36

We're not loaded. When we hoped to send them privately paying ourselves we both had demanding full time jobs with big commutes which ultimately still didn't pay enough.
We had a rethink about 8 years ago and both changed jobs to be more local and less stressful. We have a house which is still mortgaged for 5 more years but do have good pensions. £150k is a huge chunk of our savings and we are hoping to give each child a house deposit at some stage.

So the kids are going to get the school feed and a house deposit as a result of your father’s generosity, and your sister gets nothing?

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