Another Will one

[Caryfakes]

My dad died 6 years ago leaving a Will that left everything to my Mother as expected but with a clause stipulating that the income from a tenanted property should be split 50% to her and 25% each to my brother and I.
Now my brother and I haven’t seen a penny of this rent money and although it’s occasionally brought up it’s brushed off by my mother. Does anyone know if we have a legal standing to access to this money? My mother is a particularly difficult person and mean with her emotions and finances, we grew up with physical and emotional abuse and so broaching it with her could result in her cutting us out of the will entirely as has been threatened periodically. My brother and I could both benefit from that money at the moment (and the amount we should have accrued over the last 6 years is substantial). Any advise or thoughts would be appreciated.

How old is your mother ?

What would she say if you told her that you were going to go down the legal route? Would your DB be on board? If might mean a no contact situation and her disinheriting you, though.

Is the property mortgage free? Is there an income above expenses?

I assume this was all done properly ie a trust was set up with you and your brother as the beneficiaries? He can’t just have said “my wife owns the house but my children get half the income”.

You need legal advice but also to prepare for being totally disinherited given her meanness and previous abuse of you.

Given your description of her, I would play the long game here.

To get any rent from her, is going to have to involve solicitors and to do that will almost certainly see you written out of the will.

If you are written out, you & your brother could make a claim on the estate saying your mother agreed to leave the equilivant of the rent in her will etc.

Long game is the only way to play this. You'll get nothing otherwise.

If you don't have a copy of the will you can order one from the probate service. Was your mother the executor? Check who owns the property via Land registry. Is there a rental listing so you can estimate the likely rental income? Then get legal advice.

Was there a solicitor (or other person) who acted as Executor?

If your mum inherited the house, I don't think that a will could specify that the rental income from it has to go to someone else. The person who owns the house can just sell if if they want to and keep the profits.
If your dad set up a trust to manage the property, that's different and you should have some redress, but you need a copy of the paperwork to show a solicitor.

This is complicated. Assuming she has to manage the tenancies, do repairs etc. That’s a job. And costs money.

Do get legal advice but it’s such a weird bequest.

Hopefully he OP's dad had it written by a solicitor, and the detail of managing the property, covering maintenance costs etc is covered. If he just wrote 'share the money '50/25/25' himself, it's hard to believe it is valid, and it will be discounted.

I'd leave it.

I've had 4 family members leave behind a partner in recent years and I don't know who are in those 4 wills.

I'm sure I will get something but I have the mindset that I don't expect anything. As expecting nothing then getting something is better than the other way round.