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Inheritance please help

32 replies

treening · 07/12/2020 21:52

Have NC and trying not to give too much detail here for obvious reasons but really need some advice as head is spinning

Person A is married to Person B. Person A has one DC (Bob) from a previous marriage and then has one more DC (Sue) with person B.

Person A has just died (elderly, ill) and left their whole estate to Person B, with verbal (not written) instructions to Person B that when they died they were to leave the estate split equally between the two DC, Bob and Sue. Person A was advised not to do this when they knew they were ill by relatives because said relatives suspected that Person B would leave it all to their own DC, Sue, and leave their stepchild, Bob, out.

That indeed looks like it is going to be the case as Bob was almost completely shut out from funeral arrangements etc for Person A by Person B. Person B is also elderly and relatively unwell and not likely to live much longer.

Has anyone else been in a situation where a stepparent has left everything to their own DC? Can anything be done?

OP posts:
treening · 07/12/2020 22:37

But it was the principle because their dead parent promised one thing but did something completely different. Their will bore no relation to what they’d told my DH and sibling. Very hard to heal that hurt.

In this case the will actually said exactly what everyone expected it to say and the situation is playing out exactly as we all said it would.

V frustrating that person A didnt listen to the independent advice they received at the time, which is if they wanted it to be split equally amongst their children upon Person B's death, they should have done it differently.

They were adamant that Person B knew their wishes and would do as they wished. They were wrong.

OP posts:
treening · 07/12/2020 22:39

Frankly Sue is also in the wrong here. I wouldn't be able to live with myself if I didn't split equally with my sibling , especially if I knew full well that was my parent's wish.

OP posts:
Fifthtimelucky · 07/12/2020 22:50

Sue can't be wrong yet as she hasn't got anything to split. I agree that morally she should split it if she gets it all, but it is person B who has the moral responsibility to split it as person A asked.

If others genuinely know that person A wanted the estate split between Sue and Bob they should encourage person B to do that before it is too late.

But the main blame has to go to person A for not protecting his first child.

treening · 07/12/2020 22:51

Person A spoke openly and directly about their wishes so it was openly known. They just refused on principle to not leave everything to their spouse.

OP posts:
BlatheringOn · 07/12/2020 22:56

But the main blame has to go to person A for not protecting his first child
Person A chose to put Bob in this position despite all advice.

Bluemooninmyeyes1 · 07/12/2020 23:31

Person A is in the wrong here for not making adequate provisions for his first child in his will. He could have easily put money in trust or given person B a life interest whereby when she dies the money is split equally between both kids- but he chose not to do that, so ultimately person B can leave the money to whoever she wants, and had she remarried both kids would have had a fight on their hands to inherit anything at all.

prh47bridge · 08/12/2020 00:08

Unless B adopted Bob, he will not inherit anything if B dies intestate. He will also not inherit anything if B leaves everything to Sue.

I think the will could be contested

On what basis?

Bob can only contest A's will if it is invalid. He could try making a claim against A's estate under the Inheritance Act but, unless he was dependent on A at the time of A's death, a claim is unlikely to succeed. Similarly, a claim against B's estate is unlikely to succeed.

As others have said, person A should have listened to the advice. As they didn't, I'm afraid it is too late to do anything about it now.

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