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…

499 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:
IfIHadAHeart · Today 15:08

PetulaGordeno · Today 15:04

I’m sure they handle it beautifully by going in and trying to strangle the receptionist.

I’m sure this wasn’t your intention, but thanks for making me laugh. In fairness you wouldn’t be far off the mark, were it to happen.

I suppose it’s progress that I can laugh about it now many years later.

OP posts:
thepariscrimefiles · Today 15:10

Ubbert · Today 14:45

Yeah I read them. It’s all about keeping money they didn’t earn and the legal reasons they can’t be compelled to share it, as if that’s a justification for the mine mine mine grabbiness.

As for the deceased wishes being honoured, give me a break. They’re not going to be upset, they’re dead. As will you be, and me, when our wills are read so it’s not really a compelling argument, although it it is useful to use it as one when you’re the benefitting party.

As it is OP’s DC cannot be forced to do anything with the money so the whole situation is moot. Trying to claim they have any moral superiority is tedious.

We don’t know the financial situation of the ex in-laws but I fully suspect the story would be different if they leave everything solely to the cousin and she ends up with a lot more, further down the line. Large sums of free money tends to really get people going.

Pretty much all inheritances involve the beneficiaries keeping money that they did not earn.

OP's ex-husband's family are obviously a load of grabby arseholes, and two of them, OP's ex-DH who stalked and harassed her for a year and her ex-BIL who actually physically assaulted her should probably be in prison.

The relative by marriage who included OP's children in her will and left the rest to charity was obviously well aware of what a toxic family both she and OP had married into and, in her own way, tried to put this right via these two legacies for OP's children.

Kirschcherries · Today 15:14

Ubbert · Today 14:45

Yeah I read them. It’s all about keeping money they didn’t earn and the legal reasons they can’t be compelled to share it, as if that’s a justification for the mine mine mine grabbiness.

As for the deceased wishes being honoured, give me a break. They’re not going to be upset, they’re dead. As will you be, and me, when our wills are read so it’s not really a compelling argument, although it it is useful to use it as one when you’re the benefitting party.

As it is OP’s DC cannot be forced to do anything with the money so the whole situation is moot. Trying to claim they have any moral superiority is tedious.

We don’t know the financial situation of the ex in-laws but I fully suspect the story would be different if they leave everything solely to the cousin and she ends up with a lot more, further down the line. Large sums of free money tends to really get people going.

How does anyone “earn” an inheritance.

Winter2020 · Today 15:16

pollyglot · Today 03:18

i think you stay out of it...nothing to do with you. It's your ex's job to decide.

How is that the case when the ex hasn't been left a brass penny?

TheOvertGardener · Today 15:17

@Ubbert Someone has something they didn’t earn so must share it with anyone who asks? May we then have an accounting of everything you possess? I’m quite certain you have more than us of something and it will need to be divided amongst us. Though obviously it won’t be wits.

Ubbert · Today 15:18

IfIHadAHeart · Today 14:56

I’m not sure you’ve read my posts then because the only legal thing I’ve really mentioned is that my youngest DC can’t agree to a variation or have anyone agree it on their behalf because they are under 18. It’s not sugarcoating or a justification, it’s the truth. It’s not even the point really as it’s my eldest DCs share they want.

I haven’t claimed to be morally superior, and I’ve said twice already that how PIL manage their estate is up to them, not me or my DC.

I’m intrigued to know what you think the point of a will is though, in general terms, if you think there’s no need to stick to it because the deceased can’t be upset due to being deceased. I mean that for any will, not in my specific scenario. Why do we bother with them at all if the “right” thing to do is actually follow the wishes of whichever surviving family members shout loudest?

The ‘truth’ is very easy to pull out when you are the benefitting party, as I’ve said. ‘Oh well, what can we do best just keep this lovely money and not think too hard about whether it’s fair’ seems to be the whole sentiment. The whole thing is hiding behind legality and how they don’t ‘have’ to share. The details of how it will be done - from the eldest or the youngest are simply details, the principle is that you have no intention sharing it whatever age your kids are.

I’ve said twice already that how PIL manage their estate is up to them, not me or my DC.

Yeah, you’ve said when it’s not a reality at the moment so very easy to claim you wouldn’t be bothered. I’ve said twice that I don’t believe that will be the case should it happen.

Wills are the intentions of the person writing them. They will be upheld as gospel by those they benefit and be argued against by those it doesn’t. They are not divine however - that is only the championed view of those that get the money. Of course you can share the money - dead people’s feelings don’t get hurt - but you don’t want to. That’s really all there is here and I guess you’re on Mumsnet to have people agree with you that that’s OK, and you have your wish.

Ladybirdflyawayhome · Today 15:18

Do not agree to changing things. No is a full sentence. Do not feel guilty. You did not create this situation. Stand firm with your son.

PetulaGordeno · Today 15:21

IfIHadAHeart · Today 15:08

I’m sure this wasn’t your intention, but thanks for making me laugh. In fairness you wouldn’t be far off the mark, were it to happen.

I suppose it’s progress that I can laugh about it now many years later.

Having once been in a will war, it’s the blackest humour dug into trenches, buried, stomped on and dug up again.
You have the upper hand here and the law on your side.

IfIHadAHeart · Today 15:21

Ubbert · Today 15:18

The ‘truth’ is very easy to pull out when you are the benefitting party, as I’ve said. ‘Oh well, what can we do best just keep this lovely money and not think too hard about whether it’s fair’ seems to be the whole sentiment. The whole thing is hiding behind legality and how they don’t ‘have’ to share. The details of how it will be done - from the eldest or the youngest are simply details, the principle is that you have no intention sharing it whatever age your kids are.

I’ve said twice already that how PIL manage their estate is up to them, not me or my DC.

Yeah, you’ve said when it’s not a reality at the moment so very easy to claim you wouldn’t be bothered. I’ve said twice that I don’t believe that will be the case should it happen.

Wills are the intentions of the person writing them. They will be upheld as gospel by those they benefit and be argued against by those it doesn’t. They are not divine however - that is only the championed view of those that get the money. Of course you can share the money - dead people’s feelings don’t get hurt - but you don’t want to. That’s really all there is here and I guess you’re on Mumsnet to have people agree with you that that’s OK, and you have your wish.

I’m not suggesting the relative would be hurt if it were shared.

I think anyone would be hurt to think the beneficiaries of their will would be bullied and guilt tripped though. Where do you stand on that, I wonder?

I stand to gain nothing either way, and have no influence over what happens. That’s up to my DC, and my job is to look out for them.

OP posts:
Ubbert · Today 15:22

InterIgnis · Today 15:00

As opposed to the family demanding money they didn’t earn?

So what if it’s money they didn’t earn? That’s entirely irrelevant, unless of course you hold that weird belief that only money that you’ve explicitly earned can be considered yours. It was given
to them, it’s theirs. They hold the high ground both legally and morally. Keeping their own money isn’t greedy, the only ones being greedy here are the relatives that think they’re entitled to it.

As opposed to the family demanding money they didn’t earn?

No, not ‘opposed to’ at all - in exactly that same way that they want money they didn’t earn. Money shows everyone’s greedy side. Those that receive it, and those that don’t.

Winter2020 · Today 15:23

graygoose · Today 04:31

Nope. I say this as a Wills lawyer. Strictly speaking, the wishes of that deceased person were set out in his/her Will. If other relatives have an issue with it they should consider taking it up with them in the afterlife.

If your DC want to split then that’s fine. They should not be bullied or cojoled into doing so - this wasn’t their fault. Your younger DC will technically have their amount held on trust for them but assuming it’s not a crazy amount and the executors will want to close the estate and have the requisite powers to do so, they will most likely give the funds to you or ex DH to hold on your minor DCs behalf until they come of age and call that good receipt. The issue is if ex DH is the one holding the funds whether his mother will guilt him into giving some to his nieces and nephews (illegally I might add). Have a talk with your ex and try to get a consensus on what to do.

After reading the quoted message I think you should tell the executer (in writing)that pressure is already being put on your children to give up some of their inheritance and this money must be kept in trust until your youngest is 18 and it is released to them. Tell them if your child does not receive their full inheritance at 18 you intend to sue the executer as you have fore warned them that your ex's family cannot be trusted to safeguard this money.

Pessismistic · Today 15:24

Hi op I think it’s clear how the relative felt about the others if he’s left his estate to charity he cared more about charity than family which happens a lot so you or your ds is not wrong to accept his wishes. It’s not your dc fault he preferred them. Just say one more time to them my dc will not be sharing any of the money gifted to them the will didn’t include sibling or cousin so he obviously meant that to happen.

TheOvertGardener · Today 15:25

Winter2020 · Today 15:16

How is that the case when the ex hasn't been left a brass penny?

Agreed, and since the children don’t receive it until they are adults and there is no legal way to change the distribution before then, it will be up to the children and most certainly not their father.

I think the answer lies there. “We are unable to alter the terms of the will and so there is no reason to discuss it further.”

I was, by the way, little Emily in this circumstance and not one of us objected. My great-aunt left 1/4 of her estate each to her niece (my father’s sister) and to her two daughters. They lived in the same town and were very close. I lived far away and though she was kind and I am sure loved me, we didn’t receive anything. It didn’t cross our minds to even consider it should have been otherwise.

Funny / Sad part of the story was that her (nearly estranged) son, at the reading of the will heard he was left “a quarter” and went ballistic thinking his mother had literally left him .25 cents. Glad he was wrong! He may not have deserved more but he did get an equal share.

lessglittermoremud · Today 15:28

So now they are sending emotionally abusive messages to your son that ‘Emily is crying because her future is ruined’
What a load of rubbish and why does ‘Emily’ even know about the money/will if she is 11…
Just block their numbers, obviously you still need to speak to your ex because you have a minor child but tell him in no uncertain terms you don’t want to hear anything else about the will.
I suspect the percentage was left because it was your children that made the effort to interact with their Great Aunt, and no one else did…
I think they should keep the money and that their Aunt would probably be disappointed if they caved and gave in.
Don’t let them be manipulated by people who only care for themselves.
Sounds like you are well out of that family!

Winter2020 · Today 15:30

FookFookFook · Today 06:55

I would consider what the deceased person would have wanted - I understand they didn't update their will but in real life lots of people don't, it becomes a 'when I get round to it ' thing and with a new child being born it is possible they never got around to it but it would be obvious it would have been their wishes. If there is no obvious reason that would have been their wishes though then no. Ultimately it is up to your children. Do they have any relationship with this cousin?

We had a similar situation in our family but the money WAS shared because it was very clear to the whole family that that would have been the deceased wishes but life got in the way of them updating their will. That won't always be the case though.

The OP said the person didn't die suddenly, so assuming they had cancer or similar I'm sure they would have reflected on what was in their will and changed it if they wanted to.

Bigcat25 · Today 15:30

It's not appropriate to pressure and decide for your youngest as they are too young to consent. It's very greedy to take it that far, and could cause relationship problems later.

InterIgnis · Today 15:34

Ubbert · Today 15:22

As opposed to the family demanding money they didn’t earn?

No, not ‘opposed to’ at all - in exactly that same way that they want money they didn’t earn. Money shows everyone’s greedy side. Those that receive it, and those that don’t.

Edited

Only one ‘side’ is being greedy here, and it isn’t OP’s. They’re keeping money that is rightfully theirs. The in laws are demanding a share of money that has nothing to do with them.

TheOvertGardener · Today 15:36

Kirschcherries · Today 15:14

How does anyone “earn” an inheritance.

I think they did in this case by actually having a relationship with the deceased that made that person wish to bequeath them something?

It seems to have had nothing to do with the family aspect. It wasn’t a matter of “I want to leave all of the great nieces and nephews of my deceased spouse part of my estate.” It was a matter of “I am leaving this to John and James, children who I developed a relationship with over time.”

The kids could have been neighbors or whatever. It was obviously about them personally, not about some obscure my-distant-family-by-marriage connection. Otherwise, why not leave it to their dad and Wife of the strangler?

spanishcheese · Today 15:40

Ubbert · Today 15:18

The ‘truth’ is very easy to pull out when you are the benefitting party, as I’ve said. ‘Oh well, what can we do best just keep this lovely money and not think too hard about whether it’s fair’ seems to be the whole sentiment. The whole thing is hiding behind legality and how they don’t ‘have’ to share. The details of how it will be done - from the eldest or the youngest are simply details, the principle is that you have no intention sharing it whatever age your kids are.

I’ve said twice already that how PIL manage their estate is up to them, not me or my DC.

Yeah, you’ve said when it’s not a reality at the moment so very easy to claim you wouldn’t be bothered. I’ve said twice that I don’t believe that will be the case should it happen.

Wills are the intentions of the person writing them. They will be upheld as gospel by those they benefit and be argued against by those it doesn’t. They are not divine however - that is only the championed view of those that get the money. Of course you can share the money - dead people’s feelings don’t get hurt - but you don’t want to. That’s really all there is here and I guess you’re on Mumsnet to have people agree with you that that’s OK, and you have your wish.

Hahaha you're bonkers!! Are you the mother-in-law?

This is how craaaaazy people can get when money is involved.

Gasp0deTheW0nderD0g · Today 15:43

I can only assume that Ubbert is an old-school hard-line Communist who thinks property is theft and nobody should be able to leave anything to anyone. It should all go to the state. I'm in my 60s. I remember the days of the Cold War and how grim life behind the Iron Curtain sounded, and how corrupt the regime was. No thanks.

MrsDanversGlidesAgain · Today 15:44

The whole thing is hiding behind legality and how they don’t ‘have’ to share.

Abiding by the terms of a will isn't 'hiding behind legality,' it is fulfilling the wishes of the deceased as expressed in a legal document. Blimey, there's some real ignorance on here about what a will is and isn't.

And no, they don't have to share at all.

MrsDanversGlidesAgain · Today 15:45

Gasp0deTheW0nderD0g · Today 15:43

I can only assume that Ubbert is an old-school hard-line Communist who thinks property is theft and nobody should be able to leave anything to anyone. It should all go to the state. I'm in my 60s. I remember the days of the Cold War and how grim life behind the Iron Curtain sounded, and how corrupt the regime was. No thanks.

I get the feeling that this business of a will and 'sharing' is deeply personal for that poster.

Lovelysausagedogscrumpy · Today 15:46

MrsDanversGlidesAgain · Today 15:44

The whole thing is hiding behind legality and how they don’t ‘have’ to share.

Abiding by the terms of a will isn't 'hiding behind legality,' it is fulfilling the wishes of the deceased as expressed in a legal document. Blimey, there's some real ignorance on here about what a will is and isn't.

And no, they don't have to share at all.

Absolutely this. By definition the ‘legality’ is all about the expressed wishes of the deceased. Otherwise what’s the point of making one ?

Lovelysausagedogscrumpy · Today 15:48

Bigcat25 · Today 15:30

It's not appropriate to pressure and decide for your youngest as they are too young to consent. It's very greedy to take it that far, and could cause relationship problems later.

OP couldn’t decide for her youngest if she wanted to. The money is in trust and can’t be touched until he is 18.

FYDistress · Today 15:55

"Of course you can share the money - dead people’s feelings don’t get hurt - but you don’t want to"

Actually the OP cannot share the money. It isn't hers!