Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think DS and I are not in the wrong? Will related…

519 replies

IfIHadAHeart · Yesterday 23:57

A relative of my exH died recently and has left a fairly substantial inheritance to my DCs. This has some as a complete surprise. One of my DCs is over 18 but the other is not.

The relative has not left anything to my DCs cousin. No idea why, or whether the will might even predate the cousin’s birth. If so, there were still many years in which to update the will if the relative had wanted to, and they were of sound mind throughout.

exMIL believes my DC should split their inheritance with the cousin. She believes my eldest DC should give the majority of their share to the cousin upon receiving the money, and that my youngest DC should then top up eldest when they turn 18 and can access the funds.

Eldest DC has said no, with my backing. I’m now getting rather unpleasant messages from my exH, MIL and SIL (parent of the excluded cousin) about the unfairness of it all and that my DC are selfish.

AIBU to support eldest DC to stand their ground?

OP posts:
onpills4godsake · Today 10:37

i would advise them not to give any away and just let the grandparents redress the balance in their will

makes sense

FKAT · Today 10:39

The number of people on this thread who think they are entitled to ask and get given other people's money is actually insane.

CatSquirrelDuck · Today 10:40

IfIHadAHeart · Today 00:19

The relative is actually an in law of my ex PIL - their spouse died many years ago and they remained close afterwards.

My DCs were explicitly named in the will, rather than x% split between any great nieces / nephews. They have had many years to update the will to include the cousin if they had wanted to. The death was not sudden and they were of sound mind, with plenty of time to get their affairs in order. I haven’t seen the will, so I don’t know when it was written - it could already be very recent.

The family dynamics are complicated - the entire family is terrified of one of the parents of the cousin, and they will kick up a stink.

Just say no and if they won't hear no, block them all.

You could be held liable down the line for the funds if you were to give them to someone else. Don't do it. If they are so desperate for the 'cousin' to have money, they can get together and come up with a sum for said cousin out of their own assets. They cannot legally take your children's inherited assets or force you to hand them over.

StockingsByTheFire · Today 10:41

AnneLovesGilbert · Today 10:32

Extreme fractures if they occur will be down to the in-laws not respecting the wishes of the deceased. It’s not greedy for OP’s DC to respect her will and accept the gifts she’s given. You’ve got a real bee in your bonnet about this and are being unpleasant to OP who hasn’t done anything wrong and is supporting her children who also haven’t done anything wrong.

If the intention was to divide between the living children, and they never got round to updating that/it was one of those cheap home written things that doesn't point out you need to mention future unborns, then the deceased wishes aren't being respected.

Don't call people unpleasant because you don't agree with them.

storyinside · Today 10:42

So is it the father of this cousin who grabbed you by the throat in a pub and pinned you to a wall? This puts a slightly different complexion on 'reasonableness' if so!

Lovelysausagedogscrumpy · Today 10:43

StockingsByTheFire · Today 09:56

Then this is the question you need to ask.

Because it seems absolutely like this is why they feel all 3 children should be treated the same.

And there's no argument for "but my children had this lovely relationship" because they didn't if they were 2yrs old. They just happened to be the children that were alive.

If the will was written after the cousin was born, very different context.

OP says her two children helped out and visited the relative. Of course they couldn't have done this at the age of two. So if cousin is the youngest of the three children and the help OP’s children gave is a factor then it suggests that the will was written after the cousin was born. So the omission would have been intentional. Either way MiL has no right to question why.

SweatySpider321 · Today 10:44

You aren’t in the wrong and neither are your children.

I can see why you divorced your ex-husband. He sounds bonkers and so do most of his wider family. I wouldn’t get involved in this or start re-distributing the money, time to block them all

Lovelysausagedogscrumpy · Today 10:44

storyinside · Today 10:42

So is it the father of this cousin who grabbed you by the throat in a pub and pinned you to a wall? This puts a slightly different complexion on 'reasonableness' if so!

Yes. OP clarified upthread she has no issue with the SiL, as it was cousin’s father who assaulted her.

user97564753256 · Today 10:45

Your DS is an adult so totally up to him. But a really shitty thing for the deceased to do - unless the whole purpose was to create a big ho-ha.
My MIL has done similar, left nearly all her considerable assets to her youngest and token amounts to her other kids. I can’t help but think the point is to be creating drama beyond the grave, although the youngest has told his siblings what she’s done so its created quite an atmosphere already…

StockingsByTheFire · Today 10:45

Lovelysausagedogscrumpy · Today 10:43

OP says her two children helped out and visited the relative. Of course they couldn't have done this at the age of two. So if cousin is the youngest of the three children and the help OP’s children gave is a factor then it suggests that the will was written after the cousin was born. So the omission would have been intentional. Either way MiL has no right to question why.

Edited

Well, yeah that's the point.

If it's written when the kids are 2 then they weren't included for their "helping out" were they.

If it was written after the cousin was born, then that's different context.

Darker · Today 10:45

Perhaps the MiL should ask the charity to give up some of their share…

[tongue firmly in cheek]

thepariscrimefiles · Today 10:46

IfIHadAHeart · Today 10:35

I have addressed any potential inheritance from exPIL in an earlier post. It’s none of my business and totally up to them how they divide their estate. My DC understand this.

If I had a better relationship with the family, I could ask. But I have spent many years maintaining a distance from them for good reason. My exH spent 18 months after our separation literally stalking me. ExPIL went into the workplaces of various family members badmouthing me and accusing me of all sorts.

It’s not exSIL I have a particular issue with, it was her husband who saw me, grabbed me by the throat and pinned me against a wall in the pub, shouting at me that I was cheating on my then DH. I was not. This is nothing to do with me being petty or vengeful. I have shielded my DC from all of this - all they know from my side is that their parents divorced as the relationship wasn’t working out. I don’t bad mouth them, I’ve supported them to maintain all family relationships, just without my involvement.

This is a massively complicated family that I have managed to extract myself from with great difficulty. The date of the will will become clear in the next few weeks. None of it is my business and I have no desire to involve myself in any of it beyond supporting my own DC, which was my AIBU.

Honestly, having read how hideously you have been treated by your ex-DH and his family, I'm pretty sure that the inheritance for your children is a deliberate message to show their support and solidarity for you and your children. Despite the terrible ways you have been treated by your ex husband and his family, you have raised two kind and generous children who voluntarily helped their deceased relative and spent time with them, which they obviously really appreciated.

Willowskyblue · Today 10:46

Continue to advise your DC - they should not be "punished" for the wishes of a relative. If the cousin's family feel that strongly, let them contest it legally, which they won't do as they won't have a leg to stand on.
Continue to ignore messages.

IfIHadAHeart · Today 10:46

storyinside · Today 10:42

So is it the father of this cousin who grabbed you by the throat in a pub and pinned you to a wall? This puts a slightly different complexion on 'reasonableness' if so!

He is, yes.

I have no reason to think the deceased was aware of this incident, though.

OP posts:
BluebellBeth · Today 10:47

Yanbu. Even if you agreed to split it, why the heck should yours have to wait for their full share whilst cousin gets theirs immediately? CF

Lovelysausagedogscrumpy · Today 10:48

Darker · Today 10:45

Perhaps the MiL should ask the charity to give up some of their share…

[tongue firmly in cheek]

Yeah !! If the relative has passed some days ago, going on personal experience l’m surprised the charity aren’t breaking the door down to get at the money !!

User3353821614 · Today 10:48

CombatBarbie · Today 02:31

How old are is your youngest and the cousin? The fact yours are named specifically rather than 100k to be shared by all nieces/nephews etc, suggests it was deliberate.

I do wish people would add little notes explaining why 1 child, 1 sibling etc is left out of a will. Would certainly make things easier for the surviving family.

They do - we always advise them to anyway. Not to any statement in the will; as this will become public, but to leave a letter with the will explaining reasons why things have/have not been done. This helps in the event of claims etc.

ShhhYouDontKnowMe · Today 10:49

My only concern on your part, or the part of your DC, is the nutter relative - how likely is he to pose a threat to you or them, and is there any value in essentially buying him off by giving 1/3 of older DCs pot now and 1/3 of younger DC’s when it arrives. That does feel like letting a bully win but if it buys peace of mind and safety, it might be worth it.

Lovelysausagedogscrumpy · Today 10:50

StockingsByTheFire · Today 10:45

Well, yeah that's the point.

If it's written when the kids are 2 then they weren't included for their "helping out" were they.

If it was written after the cousin was born, then that's different context.

Either way it’s not a reason to question the will if the relative was of sound mind when they made it. Given OP’s description of the horrendous treatment she’s received at the hands of her ex and her in laws maybe that’s played a part in the decision.

BobbleBear · Today 10:50

Make sure that the executors give you the money and authority to invest the trust for your youngest child otherwise, exDH is likely to give it to the cousin, and you won’t really be able to do anything about it.

DH and his ex were divorced when she died. Her family (mum and sister) took responsibility for the portion of funds for youngest DC and my DH took responsibility for the funds for oldest DC.

DH made some good investments and oldest DC received almost double the amount when he was 25 than youngest DC received when he was 25, just because the mother and sister bunged it into a savings account and didn’t bother taking professional advice. 🤦🏻‍♀️

Lovelysausagedogscrumpy · Today 10:53

ShhhYouDontKnowMe · Today 10:49

My only concern on your part, or the part of your DC, is the nutter relative - how likely is he to pose a threat to you or them, and is there any value in essentially buying him off by giving 1/3 of older DCs pot now and 1/3 of younger DC’s when it arrives. That does feel like letting a bully win but if it buys peace of mind and safety, it might be worth it.

I don’t tink he poses a threat. He’s dead is’t he ?

storyinside · Today 10:54

Is this ex-BIL likely to stalk you or your kids or physically threaten them, going forward? Sounds like a nightmare.

Scottishskifun · Today 10:55

Nope the deceased made their will should be respected.

If they registered it then you can get a copy online for a few pounds. Then you would know full details.

As an aside their proposal is bonkers anyway why should your eldest have less then his brother because of a cousin.

By your posts on his family it doesn't sound like a bad thing if they fall out or stop contact with your children anyway!

Whyherewego · Today 10:57

IfIHadAHeart · Today 10:01

I understand your point. Unfortunately the reality is that the will could have been written a fortnight ago and exPIL would be behaving in the same way - it’s just who they are.

I don’t really want to engage with them. Once probate is granted or DC physically see the will we can establish the date. Perhaps that will make DC feel differently, perhaps it won’t.

I 100pc agree with you. The DC may get more details (they may bot). But right now they are being pressured into doing something they dont want to do.
Let's say random neighbour decided to leave your DC 50k in their will because the DC tended their garden and helped with chores. No one would be calling DC saying share that!
So i think you're right. Keep arms length from the ex and in laws and support upur DC.

Lovelysausagedogscrumpy · Today 10:59

StockingsByTheFire · Today 10:41

If the intention was to divide between the living children, and they never got round to updating that/it was one of those cheap home written things that doesn't point out you need to mention future unborns, then the deceased wishes aren't being respected.

Don't call people unpleasant because you don't agree with them.

But the intent to update the will is an assumption. The fact is that they didn’t, so in the absence of any indication as to what the relative wanted other than that stated in the will, the only legal course of action is to follow their wishes as expressed.