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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

551 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:
MyRareScroller · Today 18:04

YANBU. Respect the wishes of the person who made the will.

Ubbert · Today 18:06

Isabella70 · Today 18:03

No, it's my opinion too

Yes, that’s sort of how opinions work - every person has one. If you’ve read guilt into the situation as well then that’s grand.

PetulaGordeno · Today 18:09

Pedallleur · Today 17:02

That would be the mother of the exH? She might have a vested interest

Mum of The Strangler?
I can already picture her in my mind, like Giant Haystacks in a wig.

Isabella70 · Today 18:10

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

JJWT · Today 18:11

IfIHadAHeart · Today 08:10

I will try and answer some of the questions, if I can.

My DCs are the only named beneficiaries of the will. The rest of the estate has been left to charity. The deceased has a surviving sibling and hasn’t left them any money either.

My DCs had a good relationship with the deceased. My eldest was cutting their grass for them etc over the last year or so while they’ve been ill, and youngest would pop in after school sometimes for a cuppa. I don’t know what relationship the cousin had with them as I try to have very minimal contact with my ex and his family. The cousin is around 10/11, so of an age where any relationship would depend on their parents I suppose, but I don’t know what that was like.

The contents of the will were a surprise because A) the deceased has a sibling and B) is not a biologically close relative.

The figures I gave were just to simplify the maths. It’s not millions, or anywhere near. It is enough to go towards university fees or be a deposit for a house when they are older.

In terms of other inheritances, my parents are already dead and had no estate to leave. I’m likely to be in the same boat when my time comes. I don’t know what’s likely to happen on ex’s side.

My own feelings are that a will does express the persons wishes. If I had anything to leave, I’d be annoyed to think this was distributed in another way after my death to suit the adults.

I haven’t replied to any of the abusive messages. I have supported DC in agreeing that they are not legally obliged to do what is being asked.

This changes the balance of the discussion and it would have been better to open with this info. That your kids were willing and friendly to this elderly relative firms up my view that your kids should inherit as instructed. No question about it.

Washingupdone · Today 18:11

This reply has been withdrawn

Post withdrawn at author's request

Washingupdone · Today 18:11

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Washingupdone · Today 18:11

My very aged parents died without changing their will to include their latest GC I did ask the solicitor and he passed on the message to the other two cousins. They were very kind, so instead of splitting the inheritance by four, it was shared by five.

Another2Cats · Today 18:12

Nelly44 · Today 03:58

Splitting the inheritance three ways seems fair. But not with your eldest paying out now. A trust fund needs setting up for the cousin, your 18 year old transfers the amount he needs to give and your youngest does the same when he is 18.

"Splitting the inheritance three ways seems fair."

Why (Serious question btw)?

The deceased has clearly stated what they wish to happen with their estate. Why is it in any way "fair" to go against what the person wishes to happen with their money?

GordanoServices · Today 18:16

Washingupdone · Today 18:11

My very aged parents died without changing their will to include their latest GC I did ask the solicitor and he passed on the message to the other two cousins. They were very kind, so instead of splitting the inheritance by four, it was shared by five.

The example you give was a clear mistake of immediate family. OPs situation is very different. It’s a distant non blood relative and they seem to have been pretty clear with their wishes.

Error404FucksNotFound · Today 18:17

Respect the wishes of the person whose money it was.

Another2Cats · Today 18:28

Pinadaqx2 · Today 17:32

I think this ultimately will cost your Son's relationship with his cousin if they are close.

From everything that has been written here I doubt that will be the case.

Although, even with most families, cousin relationships are not always close. I have 11 cousins on my dad's side and 7 on my mum's side. To be totally frank, there are only two out of those 18 that I keep in touch with and with 8 out of 11 cousins on my dad's side, I only ever met them once in my entire life.

JuliaAgrippina · Today 18:33

TheBlueKoala · Today 18:02

Just maintain the support towards your eldest - tell him to repeat in absurdum the same phrase; "I want to respect aunt X's last wish as of her will".

This.

Tell him he can block numbers if the emotional black mail gets to much or if he starts getting threats as well - and tell him to tell you if that happens so he's not alone with it.

I'd make it clear until the estate is sorted and the will read and probate granted and monies distributed it's unclear what if anything is coming his way.

They may have found an old will or decided on partial information.

WearyAuldWumman · Today 18:35

I've mentioned above that DH told me to give his adult grandchild a sum of money. (Not a huge amount by MN standards, from what I can see on these boards, but significant for us.)

When I told our solicitor, he was vehemently against it since the bequest wasn't in the will. I explained again that it was my DH's wish and asked the solicitor to send the cheque with a covering letter from him to say that it was being sent according to my husband's verbal wish, together with jewellery which had belonged to my MIL, some of which had significant value. It was taken out of my inheritance so no one else lost out.

I've since been told that when the solicitor objected it would have been because he was keeping me right (as was executor) and also looking after my interests (as his client).

The OP's relatives do not appear to be suggesting a deed of variation - as others have pointed out, in any case one of affected beneficiaries is a minor and could not consent. (I'm unclear as to whether parents can agree on behalf of a minor.) There is no evidence at all that she intended to give anything to "Emily" - quite the opposite, in fact, since she's given most of it to charity. (In fact, I suspect that the charity would need to agree to a deed of variation.)

It seems to me that they're trying to circumvent the law by coercing the OP's elder son into gifting a significant amount of his inheritance to 'Emily', thus entrusting a large amount of money to Emily's parents.

This all seems very shady, to say the least. I'm wondering whether a solicitor has been appointed as the executor: the attempted coercion indicates to my suspicious mind that Emily's immediate family have already investigated whether there is a legal avenue that they can follow.

If Emily's family genuinely thought that that they could contest the great-aunt's will, I"m sure that they would.

Ubbert · Today 18:38

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Gosh, this has upset you a lot I see. You can think whatever you like you know, it’s OK.

JJWT · Today 18:38

IfIHadAHeart · Today 17:56

Reading between the lines, ex PIL started going through the deceased’s house the day after she died and came across a copy of the will at some point in the last few days. I don’t know whether this was with the consent of the brother, at deceased’s own request or them taking liberties. I hope it’s clear why I maintain a distance, and I don’t interrogate my DC so only ever get the bits of information they volunteer or what crops up in conversation. I don’t know who the executor is.

Yesterday morning exH called to tell me the DC had each been left a percentage share of the sale of the house (obviously not on the market yet). I asked that nothing be mentioned to either DC until things were more definite or there was an actual will reading, as I’m very much a don’t count your chickens til they are hatched person. My request was ignored.

By yesterday evening, possibly once other relatives became aware, the messages started to eldest DC, telling rather than asking in a “what we will need to do is…” sort of tone. DC has then queried it with me and we discussed it. As I said he was a bit bemused that anyone is asking to go against the deceased’s wishes. The abusive messages then started to me, and the guilt tripping messages to DC.

I have worked hard to be free of this family. I have let a lot slide over the years to maintain a decent environment for my DC and up until now there has been no suggestion of any ill treatment towards them, although I think they’ve seen for themselves over the years that their dads side of the family does things differently than mine. It’s been a difficult balancing act but I take on board the points from PPs that perhaps I’ve shielded them too much.

It’s hard to know whether “Emily” has been told anything about it. It’s not information I’d have shared with my children if it was the other way around and she’d been left the money.

At no point have I suggested that “Emily” has done anything wrong.

I think in your shoes I'd get down to CAB and get some advice regarding a cease and desist order to protect your older ds. I'd also consult a solicitor anyway, giving them the full picture in case the family try anything underhand to get around this will that clearly doesn't fit their preferences. As for the other cousin's life being "ruined", that's ridiculous. None of these cousins should have been expecting anything anyway. It doesn't sound like yours were. I hope they can be supported to enjoy it as the unexpected surprise that it is. If your ex bil is the nasty thug you described, there may be some other issue you're not aware of. He's hardly likely to be like that to you in isolation and a lovely person to everyone else, is he? It sounds like the deceased made a decision they chose to make. It was their money. Their wishes should prevail. Get a good solicitor!

somanychristmaslights · Today 18:45

I’d block all contact with the family, you don’t need to communicate with anyone apart from exH

Isabella70 · Today 18:48

Ubbert · Today 18:38

Gosh, this has upset you a lot I see. You can think whatever you like you know, it’s OK.

No really Ubbert - take some time to come up with something witty. No one will think any less of you.

Tryingtokeepgoing · Today 18:57

Banjas · Today 17:33

Me too.
Provided excluded family had been involved in the life of the will writer to the extent the OP and her family were.

But how can that be achieved, legally?

AcrossthePond55 · Today 19:00

@IfIHadAHeart

I agree that the wishes of the deceased should be followed. If your ex's family feel differently then they can contest the will. Since they're harassing you and your DC it does make me wonder if there is a letter explaining the bequests or if the will itself explains things, either by date signed or in the body of the will.

If your ex's family feel that Emily has been so hard done by, let them mention her in their wills or get together and part with some of their own money to 'make make it right' for her.

I agree with sending your ex a message saying "I'm telling you and you need to tell your family to stop sending me abusive messages" but I don't think I'd block them. It's possible they may send a message that lets you know something you should know, like "Well, then I'm going to talk to <your kids> in person myself!!" or similar. Your main job now (and I know you know this) is to support and protect them as best you can.

mullers1977 · Today 19:24

Livelaughlurgy · Today 00:09

This happened in my family. 6 cousins. 7th born after the relative died but before the will was distributed. I asked that we share with the 7th cousin and my parents and her parents confirmed that her parents would be matching our amounts out of their share so that we were all the same. I'm the eldest and had a house at the time and I. Hindsight appreciate it's much easier for me to give up some of my share when I'm established by comparison to everyone else.

The opposite happened to us: my DHs aunt died. Her will named her grandnephews, who were 6 and 8. My son was 1. DH's aunt told DH'S mum she wanted to leave the money to all her grandnieces and nephews when she died, she hadn’t updated the will when she died (she was relatively young in her 60s). My DHs parents and sister decided to share it between sisters children only- something that would have never happened in my family. Would have been different if his aunt hadn’t have said all her great nieces and nephews but I can’t see how this is at all fair.

AnnoyedAsAllHeck · Today 19:29

IfIHadAHeart · Today 08:27

Less estranged, more protecting my peace! ExH did not accept the divorce easily and was, shall we say, reluctant to let go. I am civil on the rare occasions I need to see him or his family. They were very opinionated throughout our marriage and divorce. I just generally try to keep communication with my ex to the bare minimum because anything beyond that and he starts with all the reasons we should still be together…

My DCs do see the cousin at family occasions on that side, and eldest occasionally babysits him.

Ex has contacted me to say he believes the will is unfair and asking me to encourage DCs to do the right thing.

You children ARE doing the right thing. They are following the wishes of the will.

The fact that the relative left everything else to charity and not to any other realtives except your sons, the intent is clear and easy to understand.
Your sons visited and helped out the relative. The other family did not bother but now want a "reward". Nope, that is not how it works!

Henhipster · Today 19:30

Bellyblueboy · Today 00:05

Your son is an adult and it is his money, If he doesn’t want to gift money to his cousin he absolutely doesn’t have to. It is unfair of his relatives to pressure him. All they will do is destroy any relationship they have with him.

It is awful to emotionally blackmail him in this way - they should be ashamed. You are absolutely correct to support your son. Take legal advice if it continues - would he go as far as a cease and desist letter if the harassment gets too much?

Absolutely this!We all work our socks off and make provision as to who gets what. Respect their decisions and don’t succumb to bullying. I think by supporting your child you are demonstrating loyalty and accepting decisions . Good luck.

MrsJeanLuc · Today 19:30

Forgedsnak · Today 00:11

In the interests of fairness I would split it the three ways if it were me. I’d feel extremely uncomfortable knowing one cousin had nothing. But then I like to think I’m a good person.

Are you the MIL?

On what planet is it "good" to ride roughshod over the wishes of the dead relative?

@IfIHadAHeart your inlaw's behaviour is outrageous. I was going to suggest that your sons might choose (emphasis on choose) to share a portion of their inheritance with cousin. But given your MIL's & SIL's behaviour I suspect that would cause even more problems!

As other posters have said, the will is a legal document and must be respected.
The only thing to do is to keep telling them "if you are unhappy with the will then I suggest you take it up with {insert name of deceased relative}".
Rinse and repeat as necessary.

TeaCupTinsel · Today 19:32

This is a really horrible situation, I am so sorry. I would be utterly furious if my wishes were contested in any will I left, as I would have very good reasons for any choices made.

I also think it's really awful for the family to start harrassing and guilt tripping your children.

I'd send a firm message to your ex, that there are to be no more messages to your children about the will. I'd be screenshotting them all. When the details of the solicitor come out, I'd perhaps speak to them on behalf of your children, especially if the family keep trying to push.

Money can do awful things to people when someone dies. I don't believe any of us are owed anything (from anyone!) I hate any discussion about people's getting x or y or people falling out over it.

I hope my parents spend all their money throughout their retirement and don't have any left to pass on!

I think it was incredibly cruel for them to send a message to your son saying that 'Emily is crying' about it. That would send me into an absolute rage, the emotional blackmail is sickening.

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