Would it BU of us to write our Will this way?

[WillOrNot]

NC for this

My husband is an only child, as are both of his parents so there’s literally no family on his side (parents Uncles/Aunts long since gone, never known any of their kids)

I have several siblings, I’m the only one who is child free. Siblings are comfortable financially - mortgage free, holidays abroad etc. Except one who rents a room in a shared house. He’s made some bad decisions over the years but he’s also had some bad luck

We’re thinking that we might say he can live in our house rent free for as long as he needs to and then it’s to be sold and the money split between our army of nieces and nephews. This would of course mean that they’d have to wait for their money, which we know that they’re expecting because of comments made over the years (although we’ve never said what our plans are)

I’d really appreciate outside opinions on this, and any possible issues anyone can think if we do go down this route

We’re obviously aware that these things can cause huge upset for the people left behind, which we don’t want to do, but we ultimately feel that it’s our choice and no one is entitled to anything

I would probably change as long as he needs to, to a set amount of time/for his lifetime so he doesn’t get hassled to move out? Would that be practical?

It's a lovely idea, but what about the practicalities of it? How long are you anticipating him living in it rent free for? What about maintenance during that time? Is he responsible for insuring it, and can he afford the utilities on a larger house? Will it cause problems for him within the family if the army of nieces and nephews are bitter about waiting? Might be better just to gift him a lump sum and leave the rest to everyone else

Your house might not be suitable for him long term. And who would pay bills and repairs? What if he nakes further bad decisions?

Perhaps better to set up a trust, with him as key beneficiary, so trustees can use your funds to support him, but retain control of how the money is spent

I'd suggest explain decision to nieces and nephews but v much in a " this is what we've done" not "this is what we're thinking of"

I might be reading this the wrong way, but surely tough if they have to wait for 'their' money. As PP said, I'd make this watertight for your DH because if he's older, and potentially vulnerable he could be coerced or manipulated to vacate the house. I've seen this happen before, people can get very greedy about inheritance. Get an executor who is unrelated that will have your DH best interest at heart. Sorry to sound cynical but it's important that you consider this

I've seen a will which was written like this, but living rhe house rent-free turned out not to be an option as the recipient of this offer didn't have the funds needed to keep the house running- money for upkeep and maintenance, council tax etc etc, so it ended up being sold. I'm the next generation down so got my inheritance much earlier than anticipated.

Assuming you want living in it be fully viable, it's an issue that's worth considering- can you leave some money for upkeep in conjunction with the house, both held in trust?

Well, you've answered yor own question really, as it will cause upset - so of you don't want that, then don't do it.

That said, it's your money your choice. I think anyone with kids should split evenly between them unless there's a very good reason not to, but as you don't I do think the "even split" issue is lessened...

I guess there's a question of whether it will cause upset for the sibling you do leave the house to (I.e. he'll have a place to live but his family will abandon him!) that might be a bad plan... I do think that all these relations of yours who are already indicating they expect a cut of your estate can get to fuck! That's really cheeky!

The fact they're even commenting on this would very a huge red flag to me!

Might it be simpler to leave him eg 50%, with the other half split between the nephews and nieces?

I think you’d need tighter wording than - for as long as he needs. It might be better than he can live there for the remainder of his life. Also, you need to consider who will be responsible for maintenance/upkeep of the house.

As a PS I wasn't remotely bitter about possibly waiting for my inheritance if the house was occupied- to be honest I hadn't expected to directly inherit because money often goes to the older generation/closest relatives rather than skipping a over generation.

It was nice to know I'd be in line for a bonus someday though!!

I agree with @Midgetwithaplan .
What if e.g. the boiler needs replacing, or any other major expense associated with a house?
I think I’d specify a percentage of whatever the cash total turns out to be.

Your nephews and nieces sound grabby…

Realistically if you live a long life then your brother will take on a large house in old age when he may not have the funds or the wherewithal to keep it in good condition.

On the other hand, again if you live a full life and your aging brother moves in, the nephews and nieces won’t be waiting all that long for what they seem to think is their due.

I think I would just leave that person a share of the estate and make it easier.

We have just made a similar arrangement on my house, for my partner, able to stay here until his death when DC’s will inherit.

The solicitor talked us through the options, implications of each and then worded the wills accordingly.

There was consideration of who maintains, pays bills, what if my DP wants to downsize, what happens if he as to go into a care home, meaning of a trust etc.

Worth legal advice. (£500) for our two wills to be advised on and written correctly. Completed in two weeks.

I'll be honest. I'd just leave the house to your brother. Why do all your N&N get it?
They're not your children, so to be out didn't need to be "fair/ even".

But surely if you're leaving the house to him for as long as he needs it, what about if he never gets back on his feet or uses it to house him and his family for a long time with no hurry to fund his own living arrangements this could cause problems later on, or what if he lands on his feet and he starts making a lot of money yet still living rent free in your house and the others may never get their money if it's never sold.

Best off making it a bit more clearer in time scales. Or selling it completely and giving him the money for housing himself to prevwnt arguments later on in the family if he literally never moves out.

I would echo what others have said, assuming you are close in age to your brother this may not be wise. I would put your estate into a trust that during his lifetime pays the annual profit to him then on his death is wound up and split between your relatives. I've seen this done where the person has capacity but also has made bad decisions.

Do also be aware that whichever of you outlives the other can change your will

It’s a lovely idea. But as other mentioned it’s the upkeep.

Ive seen a suituation where the step mum has been allowed to stay in the family home. The problem was once the roof needed work - she didn’t want to pay to repair it and one of the siblings couldn’t afford to pay their share. It
got messy as then her daughter family moved in & it was difficult when the step mum did pass to ‘evict’ a grieving family.

I'd be leaving if all to charity and dash their expectations and grabby comments.

It’s your money, do what you like. Your family didn’t buy the house and they have no right to an inheritance. If they get anything from you, it should be seen as a nice ‘bonus’, not expected.

It’s a good idea - though you’d have to specify for his lifetime.

However as pp points out, he probably couldn’t afford to run or maintain it - so I’d see a solicitor, organise the money from the sale into a trust, that will be used for his lifetime to support him (you could specify this includes buying a small flat for him to live in).

Upon his death the trust is dissolved and the capital distributed between your nieces and nephews.

It’s not just reasonable - it’s the right thing to do. Do tell everyone that’s what’s happening though, which will avoid fall out after you are gone. There might be some low level squawking when you tell them, but it’s so evidently reasonable there won’t be much.

If I had a bunch of nieces and nephews who had discussed getting my money when I died, they’d get fuck all.

split it evenly between your siblings, in the interests of fairness. Then, they can divide it between their own children if they so desire.

Or, give it to the dogs trust.

Some very interesting thoughts, thank you all

To address a few things:

Yes, sorry I do mean he would live in it for life

Hadn’t thought about maintenance but I really think he could manage that under his circumstances. But if his health fails…

Yes I totally agree there’s been some grabby comments! These have actually come from some of my siblings rather than nieces and nephews

Confident there’ll be no more bad decisions from him, these were years ago when he was young and stupid LOL

He is a similar age to us so yes it will all be irrelevant if we outlive him

Hadn’t even thought about leaving the house to him, actually not a bad idea. Will think about that

I've just realised I read the OP wrong. I'd do this too, or give brother 50% and spilt the other 50% between N&N. It doesn't sound like the N&N need it anyway given their parents are all well off

Yes, quite!
I'm shocked those conversations have been had amongst your nieces and nephews, and it sounds as if they have wealthy/comfortable parents who they will inherit from.

Can't you just leave the bulk of estate to your DB? The rest getting a small amount. You can explain why before or leave it to the executors. He will be elderly when he inherits (assuming you live a long life and he does too) and they will receive his estate (His inheritance) when he passes