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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

BIL screwed over inheritance

18 replies

Sleepingallday · 07/01/2023 09:58

Posting here as well as legal matters, it’s quite long sorry!

My DH and his siblings each are entitled to

a fairly substantial inheritance. BIL was with his partner for about 4 years and then they decided to buy a house with his inheritance money. Both of their names are on the paperwork which was an unwelcome surprise to the rest of his family, as this was before they were married.

They got married about a year later, it was a fairly big expensive wedding in her home country. On returning to the UK, SIL started a Masters which has helped her get on the career path she is on now. After the wedding they were both unemployed and her and BIL’s lifestyle and the masters was funded by the inheritance money.

Soon after their marriage, the news came that they would be asking for the rest of BIL’s share of the inheritance to buy her family a house in her home country. There was some hesitance in DHs family but the money was given as it was intended for BIL. SIL and BIL also asked for an extra £50K to pay off SIL’s family’s debts which was refused, this resulted in SIL writing a nasty email to MIL (who holds the purse strings as it were). The house for her family was bought and again is in both BIL and SIL names.

SIL is now enjoying her career and spent the last year working overseas and saw BIL for just a few weeks throughout this time. She came back to the UK for a few days after new year and we saw them last night. They broke the news that they are getting a divorce, in fact they already signed papers 6 months ago.

The thing is that they have signed papers to say that they will not use any lawyers. DH and I have been digesting this and feel BIL has been very naive. We don’t know the exact reasons for the divorce, we know they’ve been having difficulties since they were married really, and we believe that the divorce is most if not all down to SIL as BIL has always been completely besotted and would do anything for SIL.

But they presented the news to us very casually, saying they still love each other and will still be involved in each other’s lives. It’s not my business at the end of the day but I think this is a terrible idea and that a clean break is a much more sensible option. DH and I worry that she has taken advantage of him, he is almost too sweet and would never dream of putting her family in an uncomfortable position ie asking them to buy him out of the house, as they wouldn’t be able to afford to do so.

they are now getting a mortgage on their house to pay for renovations for both their and SIL’s family’s house. It’s all very messy and seems to be mostly working in SIL’s favour.

I worry that one day if/when he meets someone else, only then will he realise that he has been screwed over as he won’t have the same opportunity to buy a house etc, meanwhile ex-SIL and her family will continue to profit from his generosity.

As an extra detail SIL has also alienated BIL from his father as she fell out with him and his wife just before the wedding, so she has done a fair amount of damage and is now leaving BIL high and dry with family relationships harmed and half of his inheritance gone.

What can we do to help him here? DH will ask him if there is any way there may be a loophole to get a lawyer involved but I think even if there was he may not want to pursue this.

Thanks for any advice.

OP posts:
bumpytrumpy · 07/01/2023 10:04

Are the people involved giving this "inheritance" actually dead yet?

If not, then it's not inheritance. It's parents giving their son money. He may be making poor choices in your opinion but it's legally and morally none of your business.

From a practical point of view, if it is acceptable in the family to ask for "inheritance" early, then it would be wise for you to do the same. A bird in the hand and all that. Otherwise you may well find there is little left to actually inherit when they are dead. Which is fine - that's their choice - but if you want to act as selfish as you sound here then crack on and try get hold of it asap

Sleepingallday · 07/01/2023 10:33

Yes, the person who left the money is dead, has been for a while and MIL has managed it while the siblings come of age. Not sure why I sound selfish as DHs part of the money is already spoken for, I’m not worried about him getting his ‘slice of the pie’. I’m concerned that BIL has been talked into buying his wife’s family
a house and signing away his right to lawyers at the point of the marriage breakdown.

OP posts:
janeeyreair · 07/01/2023 10:41

It sounds on the surface like BIL has been targeted and screwed over by SIL and her family. I would personally sit BIL down and calmy in a non accusing way spell it out to him, as much for myself as him.

Or maybe your husband can do this alone with some suggestions from you.

Ultimately there may not be anything you can do, the money already given has most likely been spent and even if not does not sound SIL family will transfer any back.

Im guessing your husband/BIL are from a culture where helping family is excepted and the norm? Which is not a criticism, I think it can be a great thing to be able to rely on family especially if family abroad have a more difficult life.

But sounds like that money is gone.

Forestdweller11 · 07/01/2023 10:42

Where will they be getting the divorce as the process will likely differ.

Does MIL still control the inheritance/distribution of the money as presumably all involved are now of age/as stated in will? Beneficiaries should have all they are entitled to and not have to go to MIL.

How BIL deals with his divorce/money is really his to sort as he is a grown up (presumably) . All his relations can do is nudge really.

Mumof3confused · 07/01/2023 17:35

He needs to get legal advice. Why on Earth would he get a mortgage with her - he will still be liable to pay if she decides she can’t afford the repayments. Also, she can come after him for more money at any time
if they don’t have a Clean Break. He needs to wake up.

shreddies · 07/01/2023 17:43

He needs a lawyer.

JocelynBurnell · 07/01/2023 17:44

It sounds like your BIL has made a series of poor decisions. Ultimately, these are his decisions.

Coraline353 · 07/01/2023 17:56

I would be very surprised if any document signed stating that they won't use lawyers going forward could possibly be legally enforced. You can't sign away your rights in contracts.

2catsandhappy · 07/01/2023 18:04

Did I read that right? A divorce without a lawyer, that does not sound correct. Don't lawyers present the case to the judge? Then the judge checks that it is fair and reasonable.? Especially with all the assets. I would be urging bil to get legal advice.

Alinino124 · 11/07/2023 01:10

You don’t need a lawyer to get divorced. You can do it online,
obviously only if you both agree on how to split your assets and are happy with the situation. You do however, have to give a reason why you want a divorce,
ie... adultery, abuse, incompatible etc etc..

Itsybitsydoodah · 11/07/2023 07:42

They dont need lawyers to get a clean break. They can agree ecerything, have an online company draw it up and submit for the judge to sign off.
I'd suggest if they want a simple divorce in order for him to keep something for himself they agree to split the 2 properties. She gets the one purchased for her family and he gets the marital home. They both keep their own pensions, cars, savings etc.

Not going to be a popular opinion for resolution but its one that's less likely to cause arguments

mastertomsmum · 11/07/2023 07:53

I think it makes sense not to live ones life contemplating what money one might get. Frankly, the best wills leave all monies to surviving spouses unless it’s a diff marriage and other considerations come into play. Also, savings are for paying for care in later life in the first instance hence why it goes to surviving spouse. My BIL’s family tied themselves in knots with money from their father - distributed amongst 4 siblings and their mum - resulting in a massive downsize for their mum.

Maddy70 · 11/07/2023 08:08

It really doesn't have anything to do with you

Unexpectedlysinglemum · 11/07/2023 08:09

Coraline353 · 07/01/2023 17:56

I would be very surprised if any document signed stating that they won't use lawyers going forward could possibly be legally enforced. You can't sign away your rights in contracts.

Yes, this is the most important bit of advice to give him. I'm sure she has a lawyer. You can get legal advice without telling the other person

Totalwasteofpaper · 11/07/2023 09:19

Itsybitsydoodah · 11/07/2023 07:42

They dont need lawyers to get a clean break. They can agree ecerything, have an online company draw it up and submit for the judge to sign off.
I'd suggest if they want a simple divorce in order for him to keep something for himself they agree to split the 2 properties. She gets the one purchased for her family and he gets the marital home. They both keep their own pensions, cars, savings etc.

Not going to be a popular opinion for resolution but its one that's less likely to cause arguments

I agree this is your best bet.

Fighting for everything is a waste of time she will go nuclear and bed in.
Separately you FIL and husbands family in general should be reaching out and offering time / support etc to help your BIL

Mari9999 · 11/07/2023 12:05

It sounds as though your BIL is not seeking advice and it would be wise for family members to stay out of the situation.

If it is BIL's mother who controls the purse strings, she may very well be planning to help her son out when this divorce is settled. If she has control of the funds, it may be within her scope of authority to give BIL additional funds as needed. BIL may end up just fine.

beancount · 12/07/2023 00:27

Why are you so involved in his private life? Where you hoping BIL would give you his inheritance? Have no idea why you don't mind your own.

saraclara · 12/07/2023 00:39

Why has this six month old thread been resurrected?

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