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AIBU?

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

438 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:
jeaux90 · Today 08:20

No. You stand by your DC and the will. It’s a legal document which should be executed as it’s written.

MerelyPlaying · Today 08:20

Your sons sound lovely boys. Relative obviously recognised this and was grateful. The will was written intentionally.

Namechangewegovyjune26 · Today 08:21

storyinside · Today 08:19

Ok, so you are basically estranged from your ex DH'd family snd your DC have no relationship with the cousin?

Leave it to your ex DH to communicate with his family and step out of it. Has your ex been in touch about this? If he doesn't care, why should you?

From the OP, direct quote: “I’m now getting rather unpleasant messages from my exH, MIL and SIL ”

Please for the love of god read the OP people!! She has also said the messages were not started by her!!

(edited to make more polite)

RappelChoan · Today 08:21

YANBU OP

I suggest your eldest just keeps on like a broken record “I have decided to honour X’s wishes as they have made their will very clear and I will be following their instructions”

Douglasmummy · Today 08:22

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.

My DC have a similar relationship to a relative of ex h. She has been very supportive of them as Nd they have seen her far more often than their cousin's who have hardly been in contact. The relative has met the cousins on the other side once. whereas we pop round whenever we can ( about every few months as none of us live nearby. I am not expecting anything to be given to my DC but if they got a token but not the other cousins I wouldn't be surprised as it's the personal relationship not the pure financial one that the gift is about. Your ex h and MIL can top it up if they like.

Stripybluetowel · Today 08:22

noworklifebalance · Today 08:13

Based on your posts, it is clear that your DC were the intended recipients and not all children of the family of their generation.
You have raised good boys and it has been recognised by the deceased.

Edited

This ⬆️

RappelChoan · Today 08:23

And for the unpleasant messages - “your message comes across rather unpleasant, don’t send me anymore, I don’t want to have to block you”

Gasp0deTheW0nderD0g · Today 08:25

Ubbert · Today 07:14

Recieving unearned money really does bring out such basic greed in people.

If one of your children had been the excluded one I’m sure they’d feel there was an injustice, but as they are the ones to benefit it’s all mine mine mine.

Lovely.

Don't be silly. Read all three of the OP's posts on this thread. The greed is all coming from her ex-husband's family whose noses are out of joint because the OP's two sons have been given something which they believe should have been shared with their cousin. There is no blood relationship here at all! The OP's children first came to know the deceased because he was married to a blood relative of their father's, but they have maintained a relationship with him after her death out of kindness and perhaps finding some common interests. They are as entitled to a bequest now as any friend or neighbour who'd helped him out and provided companionship in his later years. The little cousin, through no fault of his own, had not been in a position to do what the OP's children did. Perhaps his parents were and didn't bother.

MyDpsanarse · Today 08:25

So the relative cut out their own sibling in favour of your DC, their will is perfectly clear.

storyinside · Today 08:25

Could the deceased have perceived that your ex treated you and your DC's poorly - and this is the reason for them being named?

Also, the fact that the rest has gone to charity is key here, I think. If the relative wanted to leave anything to anyone else specifically, he/she would have.

I take the point that the younger cousin is not responsible for his parents' relationship with this relative, but then again, it's not your responsibility either.

IfIHadAHeart · Today 08:27

storyinside · Today 08:19

Ok, so you are basically estranged from your ex DH'd family snd your DC have no relationship with the cousin?

Leave it to your ex DH to communicate with his family and step out of it. Has your ex been in touch about this? If he doesn't care, why should you?

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.

OP posts:
DisforDarkChocolate · Today 08:27

I think your answer is that the family is terrified of one of the parents of the cousin. For whatever reason this has resulted in the exclusion, probably because they didn't want to leave money they could somehow get hold off.

Normally I'm a share person but you're right about there been time to change things and the person being of sound mind.

dandelionfluffy · Today 08:28

Ponderingwindow · Today 00:28

You can’t guarantee that youngest will cooperate and compensate the older brother. If the adults want to make this “fair” they need to find the money out of their own pockets.

Exactly this.
What was left to your ex and his sister?

thisismeithinkorisit · Today 08:29

IfIHadAHeart · Today 00:08

These aren’t the figures, but imagine my DCs have inherited £50k each, so ex in laws want £100k splitting three ways instead of two. Only eldest DC will be able to access their inheritance straight away, as youngest DC will be put into trust and the law is very clear that this cannot be interfered with in any way. So exMIL wants my eldest to give the cousin £33K now, leaving them £17k, and my youngest to then top my eldest back up to £33k when they turn 18. Which is not for quite a few years.

The excluded cousin is the youngest of all involved DC.

Ah, so the child's parent wants 33k in cash effectively that is in no way protected for their young child.

IF your children were to gift anything, it would absolutely need to go into a trust fund of some sort for the child. The parent clearly is eyeing up a new kitchen, holiday etc.

Your adult child is perfectly within their rights to not share their inheritance out. Make sure the younger one isn't bullied into it

Yetone · Today 08:30

Your children should keep all the money they were left. This is what the deceased relative wanted. Your MIL should keep her beak out. If she thinks it is unfair then she can give your children’s cousin some money either now or when she dies.

Pedallleur · Today 08:31

Nylonflares · Today 03:04

Your son is quite right, as are you. The will is the wishes of the deceased and should be followed, especially with the family dynamics here. You can see from the awful attempts to put pressure on your DC why the deceased made that decision!

It was the deceaseds money not the family and the deceased made their decision and set it out in a correct legal way. Mil can correct that in her will if she wishes. Don't let your children be denied what is legally theirs.

Springtimeinsunshine · Today 08:31

storyinside · Today 07:40

That's us not enough info here to know if YABU - e.g:

Is the cousin close to your DC?

Do you ever see your ex's family anymore?

What is the situation - are you remarried? Does your ex have more kids?

How old is the cousin?

What relationship do your DC want with this cousin going forwards?

When was the will written? You say you don't actually know this. I would have thought this was quite key!

E.g if the cousin is 15 and the will was written a couple of years ago, then it would seem that the relative has specifically left the cousin out and you probably have to respect that decision.

But if the cousin is a baby or very young child and the will written years ago, it's reasonable to assume the relative just forgot to update the will.

I assume these are the only 3 cousins in the family?

Whst does your ex husband have to say about all this? It's his relatives after all!

Absolutely none of your post matters.

A Will is a legal document that MUST be followed. Any disagreement needs to be done via a court/judge.

Gasp0deTheW0nderD0g · Today 08:33

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.

You may like to think you're a good person but this message tends to suggest you're a past master of the passive aggressive response. You've jumped to a conclusion here on partial facts. The OP's fuller responses make it clear that the good people here are her two sons, and for once the good people have come into a windfall as a direct result of being nice to someone else. Giving some of the money to the cousin's parents so that they don't cause a nasty scene is not the act of a good person, it's giving in to bullying and ignoring the clearly expressed views of the deceased.

Jimmyjumpy · Today 08:34

If your eldest has made up their mind then leave it at that. If they are hassling you then a firm "its not my money or decision and Im not getting involved" should end it. You should be more concerned about what your DC will do with the money, i.e. not buy a ferrari.

storyinside · Today 08:36

Watch next for your ex MIL and FIL threatening to leave your kids out of their wills.

Who is this relative in relation to your DH? Is it an uncle /aunt?

SnapAndTap · Today 08:36

Given the update: nope. The bequeath is because your sons sound absolutely fabulous, and have been helping their relative out. The money is theirs.

Im talking it the cousin was born before the will was written? That would 100% cement my opinion.

CherryKerry · Today 08:36

I would say no, ex MIL can adjust her will to even things up if she's that bothered.

Also direct her to speak to her son (your kids Dad) about it not you!

Gasp0deTheW0nderD0g · Today 08:37

storyinside · Today 08:36

Watch next for your ex MIL and FIL threatening to leave your kids out of their wills.

Who is this relative in relation to your DH? Is it an uncle /aunt?

You do know you can read all the OP's posts on a thread? All this information has been provided.

BugOnARugDrinkingTeaFromAMug · Today 08:38

It seems very clear that your boys were the intended recipients and that was the wish of he family member. The child is ten and you say the man was sick for a year so he could have changed it if he had wanted to.

Your DC are fine to keep the money as willed and if that's what they want to do then support them.

At most I would consider putting 10k into an ISA for the cousin and younger ds also putting in 10k when he is able, to gift to the cousin at 18. There is no way on earth that DS should give 33k "to the cousin" that the child will probably never see.

Fortuity · Today 08:38

the entire family is terrified of one of the parents of the cousin, and they will kick up a stink.

I wonder if that is why the relative left the cousin out of the will? S/he maybe just doesn't like that side of the family, apparently with good reason.

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