Brother has found parents’ wills

[ChorltonCreamery]

My mother tripped over a few days ago. Initially all seemed fine. Friend brought her home but the next day she went to a walk in. It was felt that she might need a procedure on her wrist.

What I only found out yesterday was that Dad rang one of my brothers to go through his desk to find this policy they have, a medical insurance that kicks in if NHS waiting list is too long. In the process of doing this he found their wills and read them.

Yesterday Brother asked if I could go round to his but I couldn’t as we are away. This afternoon sister texts me to call her back, it turns our parents have divided their estate into four. Three quarters between brother, sister and me with a quarter going to other brother’s child(ren) with us three acting as trustees.

Brother 2 is not included, we think because sister in law has two children from previous marriage and there has been drama from them.

Brother wants me and sister to meet for a chat about everything.

He says that the wills were not in a marked file and he had to go through lots of stuff in order to find the insurance.

I don’t know what to think, or what I am meant to think. Sisters annoyed with brother for even telling us.

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The brother who found it is a beneficiary under the will and is named as a trustee of the trust created by the will.

I don’t count on any money that isn’t already in my name.

The point is that I could feel however I liked, it wouldn’t matter. If it isn’t my money then I have no business making claim to it.

Parents are absolute shits with wills. My parents left far more to my brother than me. They also told me that all through my childhood - rubbed my nose in it. They're dead now and as promised, brother has a lovely inheritance. And what I received is very welcome, whatever it is.

It caused me a lot of pain. The lack of respect. The feeling that they didn't love me the way they did him (that was true). Knowing that it was a public document that anyone could see, and that people would assume I'd been 'bad' in some way, when I was a devoted daughter.

I was so upset, I prayed about it, then opened my bible for guidance. The first words I saw were 'Jesus said 'What care I about inheritance?'! I decided that if he didn't care, I didn't either. It was fine.

Lots of points

1. Will may change in the future. We changed ours when youngest DC reached 18 for example.
2. All 3 siblings whi inherit could give money to excluded sibling if they wished.
3. Parents could divorce.
4. Parents could end up in a care home so very little money left anyway.
5. Parents could spend all their money.

It's too early to worry and irs none of your business either.

That's only partly true.You can exclude a child from your will but children have "legal rights" to a portion of the deceased's movable estate, regardless of what the will says.

For many people their biggest asset is a house which is heritable, not moveable.

On what basis would it be open to challenge?

What’s the issue with this exactly? They’ve divided it in 4, with the 4th quarter skipping a generation and going directly to his biological children instead. They’ve done it purposefully to ensure that their estate goes to their descendants and not to unrelated children. I don’t honestly think this is a big deal.

What kind of drama have the SIL/her children caused?

And the fact all of you know and have zero intention of telling him.

I can only assume you aren't close because how you could all smile in his face, socialise and keep a relationship while keeping this secret is crazy.

Family really can be your worst enemies in life.

@Boysnme your grandmother sounds like a sensible lady.

What would be the point of telling the brother? What good would come of that?

@Outrageistheopiateofthemasses she really was! I miss her everyday.

If they are in Scotland and there are cash/shares/ jewellery/ antiques etc the brother could claim a share of moveable property. If there is a surviving spouse all the surviving children are entitled to 1/3 of the moveable property. Brother could claim 1/4 of 1/3rd. If no surviving spouse, brother could claim 1/4 of 1/2.

I don't think it's spiteful at all. I think it's sensible. It ensures that the bio grandchildren will actually inherit. I have a friend who didn't inherit at all because her dad left everything to his wife, and his wife left everything to her bio children. She cut out my friend and her brother. The house was their mum (who died) and dad's before the new wife came along.

ETA: People make decisions based on trust but the trust isn't always warranted.

"You can’t be a trustee and beneficiary of a trust. 😆"

I'm sorry, but you really are mistaken.

My parents changed their wills to own the house as tenants in common and each left their 50% share of the house to my sibling and I with a life interest to the surviving spouse.

In each will, the surviving spouse, myself and my sibling are all named as executors and trustees.

The surviving spouse is a beneficiary of the trust (they are the Life Tenant) and my sibling and I will inherit later. We are all (different types of) beneficiaries and are all trustees.

He could make a claim under the Inheritance Act that there was a failure of reasonable financial provision. Whether or not he'd be succesful is multi-factoral, but the parents' decision certainly greatly increases the risk of litigation.

I don't really see a problem with this.

Yuk what a horrible secret to keep

Are the parents financially supporting the disinherited son currently?

Or, otherwise are they in Scotland? Would a Scottish solicitor/will writer allow provisions that were illegal to be written into a will?

I mentioned the issue about what happens if DB dies. Ask me how I know...

My DH's parents divorced when he was a baby. His father remarried and then died later when DH was an adult (DH never met his father's new wife because his father never came around, although paid child support). DH got absolutely nothing when his father died, it all went to 2nd wife (they had no children). His father was an only child, DH is an only child. DH's grandparents wanted him to inherit their land, and home. But that never happened due to DH's father never bothering with a will.

Like my MIL says, 'that should have been DH and your children's inheritance." I personally don't need it nor want it, but I feel strongly it should have gone to my DDs. His wife is still alive, so who knows what's she's doing with it all or where it goes when she dies. Guess how DH found out his father died? Her lawyer sent a note saying he better not try to fight her in court, and other nonsense.

That is not your dh inheritance

I'm sorry but I really would disagree with you here. Yes, there are any number of claims that have indeed been successful, but they generally follow a particular pattern. There is no indication here that the other brother would have any likelihood of success.

[EDIT]

Would it increase the likelihood of litigation? Maybe? But if the claim is totally without merit then the brother really does open himself to paying costs when he loses.

As one of three children, with a SIL married to a psycho on my husbands side and a lawyer, I feel I can help.

1. they’re sensible for having done a will! 👏🏼

2. it’s not fair they’ve got this bombshell hidden for when they pass away but it could change. My FIL dealt with something similar years ago and didn’t tell his brother until the will was disclosed after their mothers death - his brother had huge issues with it - but it was clearly their mothers choice. (If your 2nd brother finds out you all knew he may be annoyed you didn’t try to change things!!l)

3. it’s not uncommon for a lawyer to ask about all potential beneficiaries (children/ grandchildren) and blended families are naturally brought up as part of those talks. Your parents may the have been asked if they wanted those kids included or not - it doesn’t have to be that they’ve stomped down to the office just to cut her out (though brother 2 and wife out - though they may have!)

4. has brother 2 been divorced before or was SIL married before? if there have been tales told about how she fleeced her ex in a divorce or “took him for everything” your grandparents won’t want his inheritance being taken by an ex wife if they split up after your grandparents died. They will worry that she will keep accumulating money from divorces! I am assuming in this circumstance brother 2 does well for himself and doesn’t “need” the inheritance money? It would be helpful if he knew his kids were getting looked after so he didn’t hand out lump sums (expecting a. Inheritance for himself) then gets nothing and they’ve had extra help.

5. Without going into too many examples, it can happen where brothers 2’s wife gets a quarter of their estate and hands it all to her own kids and doesn’t give any to his children. (Imagine a simpler example of Cinderella - dad dies and stepmother disinherits his children in favour of her own.) this is basically the same as 4, just a different angle with inheritance in the event of your brothers death and not divorce related.

6. If my sister re-married and my parents wanted her and her 2 children to be secure, they’d likely write her new husbands “own children” out of their will and give it to only their own grandkids. They would assume new husbands parents, plus his ex wife’s parents would pass on anything they wanted to down to their “own” grandkids. In short - SIL kids already (possibly!) have 2 sets of grandparents and 2 parents leaving them inheritance. They don’t also then “need” a share of your parents estate. That’s for their side to sort out - even if it’s less! That’s not nasty!?

7. My SIL husband is a psycho. An absolute psycho who we don’t and will never speak to or see again. My in laws are worried about him stealing their daughter’s inheritance (as above, divorcing her after they die) or forcing her to spend it in ways she doesn’t want to spend her own inheritance. They’ve left provisions for my DH and SIL but also SILs three named children and any biological GK we have. It’s to as best as possible keep the money “in the family”. My husband has pointed out she will very likely share her inheritance with him (as they’re married!) but she can choose not to if she wanted or they’d divorced. I don’t care as I know my husband and I do everything 50:50 so whether I’m named or not, he’d always invest it in “us” so whatever makes them happy!

I don’t see an issue with it. Perhaps brush up on the above examples/reasons and go see your siblings with the view of not getting involved, accepting the sh*f may hit the fan if it comes out later you ALL knew but that it’s fine.

I don’t really think wills should be some kind of secret unveiled after death. I had a copy of MIL and FIL will because they wanted me and DH to deal with their estate when they died. I also have a copy of my mum’s, same reason. All were straightforward - equally between their kids.

Regarding your parents’ wills, I’m in 2 minds. If they bypassed brother in order to make sure SIL/her other kids never get their hands on any of it, that’s a bit shit. They should have just left it to brother. If they had legitimate concerns that SIL will divorce him and take his money, then it was reasonable to leave it directly to his kids.

Either way, it doesn’t seem to matter too much. Although he himself is “cut out”, his share is going to his kid/s.

The financial support condition isn't a necessity in England & Wales. See Illott v Mitson.

What would you say the post Illott v Mitson typical fact pattern of a succesful claim is? (Genuine Q if you have relevant expertise)