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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to refuse aunt’s FWB claim on her estate?

110 replies

Sleepneededprettyplease · 18/03/2026 19:54

I am wondering if I am actually being unreasonable here. I obviously don't think I am but this could end up in court and I am worried.

I am executor for my Aunt's estate. She had no children herself but lived close to me and my sister and always considered us as hers. We actually lived with her for some years. Anyway as she was getting older she decided to sell most of her investments and buy a house in my name as an alternative way of investing hoping to avoid inheritance tax. The intent was always that half the value was my sisters but for other reasons she couldn't be on the deeds.

In the last few years of her life she reconnected with an old uni flame and asked me if he could stay in the house for a bit. I never really considered it mine so felt that if that's what she wanted then of course it should happen. She would visit him some of the time sort of FWB. She went out of her way to tell me that the house was for me and my sister and this changed nothing. She also told me ge wasn't in her will as she wanted us to inherit.

Unfortunately after a fairly short illness (6 months) during which she lived with me she died.

The FWB chap is now claiming he is her dependant and has a right to her estate. My lawyers tell me that legally his case is very weak and if he does contest the will they think that they can get it thrown out without even going to a full hearing as he is refusing to disclose vital information.

Am I in the wrong though? My Aunt would be devastated at the trouble this is causing.

OP posts:
myusernamewastakenbyme · 18/03/2026 19:56

No of course you are not wrong....he is chancing his arm...do not give him a penny...your aunt made it clear she hadnt put him in the will.

amber763 · 18/03/2026 19:57

No. What a chancer! Not one penny

HJ40 · 18/03/2026 19:57

If, as you say, she went out of her way to say the house was still for you, then she obviously thought about it, and didn’t update her will when she could have done, so it seems pretty clear that YANBU.

Cosyblankets · 18/03/2026 19:57

He's not a FWB he's a CF!

Hoppinggreen · 18/03/2026 19:58

But the house is yours anyway not part of your Aunts estate isn't it?

DameOfThrones · 18/03/2026 19:59

What makes you think you might be in the wrong?

TaxBrain · 18/03/2026 19:59

Did he live with her? If he did then potentially he could have a claim for a life interest in the property. If he didn't live with her, then no chance.

Edited to say if the property was owned by you and not her then it's irrelevant.

jollygoose · 18/03/2026 19:59

How dare he!!! Fight for what should belong to you and your sister. He is totally in the wrong

Hullabmoo · 18/03/2026 20:00

When did your aunt put the house in your name? Surely it’s just your house and nothing to do with her estate?

DameOfThrones · 18/03/2026 20:01

Yes I’m confused as to how a house in your name would have anything to do with her estate?

Soontobe60 · 18/03/2026 20:02

If the house was put in your name to avoid IHT, then how can it be within her Will?
Was she living in the house with this man at the time of her death? If not,where was she living?

TwistedWonder · 18/03/2026 20:03

Of course you’re not in the wrong. This ageing fuck not might have been a fun distraction for your aunts last few years but he’s an absolute chancer thinking that en titles him to a pay out for services rendered

Tell him and his convenient dick to jog on

Sleepneededprettyplease · 18/03/2026 20:03

It was less than 7 years so inheritance tax is due on it but it is separate to the estate. He is claiming on the estate as I wouldn't budge on him living in the house and it is legally mine. Court has decreed that he has to be out next month so now he is after the estate.

OP posts:
MumbleBumbleAppleCrumble · 18/03/2026 20:04

The house is in your name? Then it is not part of the will. It is yours. You cannot will away what is not yours. You could leave a statement of intent after such a gift, but you cannot will away something you have already gifted. He has no claim on that property.

Ballah · 18/03/2026 20:04

He probably targeted her. I expect he has a long history of cocklodging. Stand firm.

Sleepneededprettyplease · 18/03/2026 20:05

I mean he is divorced 3 times and came from money but now has none.

OP posts:
TwistedWonder · 18/03/2026 20:07

Was he significantly younger OP? It’s just that I’ve heard similar before when my friends well off widowed elderly neighbour was targeted by a man 20 years her junior who tried to contest her will after she died claiming she had been ready to change it to include him as joint beneficiary

Badbadbunny · 18/03/2026 20:09

Not clear who was living in the house other than the FWB. If she continued to live in the house, then it's probably a "gift with reservation" and won't be IHT exempt, and it will remain as part of the estate for IHT purposes. Unless she paid you market rent for living in it.

It may not have been a good idea to put your name on the ownership deeds as you are now liable to CGT on the increase in value between its; value when it was bought for you/transferred to you, and the market value when you come to sell it, as presumably it's never been your "main residence" whilst you've owned it.

Big can of worms there. I hope you/her took plenty of legal/tax specialist advice to set it up in the right way to achieve what you/she hoped to achieve, as lots of "traps" if it was more of a DIY thing where you just instructed solicitors to do what you told them rather than taking advice.

Sleepneededprettyplease · 18/03/2026 20:10

TwistedWonder · 18/03/2026 20:07

Was he significantly younger OP? It’s just that I’ve heard similar before when my friends well off widowed elderly neighbour was targeted by a man 20 years her junior who tried to contest her will after she died claiming she had been ready to change it to include him as joint beneficiary

No about the same age. I think he is older. They went to uni together

OP posts:
Sleepneededprettyplease · 18/03/2026 20:12

Badbadbunny · 18/03/2026 20:09

Not clear who was living in the house other than the FWB. If she continued to live in the house, then it's probably a "gift with reservation" and won't be IHT exempt, and it will remain as part of the estate for IHT purposes. Unless she paid you market rent for living in it.

It may not have been a good idea to put your name on the ownership deeds as you are now liable to CGT on the increase in value between its; value when it was bought for you/transferred to you, and the market value when you come to sell it, as presumably it's never been your "main residence" whilst you've owned it.

Big can of worms there. I hope you/her took plenty of legal/tax specialist advice to set it up in the right way to achieve what you/she hoped to achieve, as lots of "traps" if it was more of a DIY thing where you just instructed solicitors to do what you told them rather than taking advice.

It was just FWB living there. Yes a gift with reservation but the value has actually gone down.

We didn't do particularly well on setting it up properly but it is sorted now and not too much lost out on.

Her estate is mostly her house where she lived.

OP posts:
Pearlstillsinging · 18/03/2026 20:16

Listen to your solicitor. They say he has no claim on her estate, let him waste his money on legal fees if he wants to.

youalright · 18/03/2026 20:16

It won't go to court hes just trying his luck we had something similar recently with a distant relative. Solicitor sent them a letter politely calling them a cf and we never heard from them again

Sleepneededprettyplease · 18/03/2026 20:17

youalright · 18/03/2026 20:16

It won't go to court hes just trying his luck we had something similar recently with a distant relative. Solicitor sent them a letter politely calling them a cf and we never heard from them again

Thats what I thought but he is still threatening us multiple letters later.

OP posts:
BlusteryLake · 18/03/2026 20:21

The brass neck on some people never ceases to amaze me. Stand your ground OP.

Soontobe60 · 18/03/2026 20:21

So who is her beneficiary?

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