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Original poster

Daughters inheritance

121 replies

lollipoprainbow · 13/01/2022 12:29

My daughters dad will inherit money from his parents house sale once his mum dies (dad died 2 years ago). If anything should happen to him before he inherits will the money automatically pass to our daughter ? He's adamant that it will and he doesn't need to make a will. I'm not so sure, Any advice ?

OP posts:
prh47bridge · 13/01/2022 13:15

If he dies first, what happens to the money depends on the contents of her will. If it doesn't say anything specific about that situation, the money will go to your daughter (assuming she is his only child).

If she dies first and he then dies before he gets his inheritance without making a will and without marrying or entering into a civil partnership, his inheritance will go to your daughter along with the rest of his estate (assuming she is his only child).

LettertoHermoine · 13/01/2022 13:49

Hate these grabby threads so not only have you the MIL killed off but your ex too.

Original poster
lollipoprainbow · 13/01/2022 14:24

@LettertoHermoine so you'd happily not have any inheritance for your child ???

OP posts:
Original poster
lollipoprainbow · 13/01/2022 14:26

My dd is 9. Her dad has a brother and they hate each other, he previously tried to change the will so that he got everything before my ex intervened and made it clear how unfair that is. The split is now half and half. I've provided for my daughter on my own since birth so I don't think asking about her inheritance makes me greedy and grabbing despite what some of the posters here have said.

OP posts:
Original poster
lollipoprainbow · 13/01/2022 14:27

Ps thanks to some of the posters here for all the sensible and measured responses very helpful.

OP posts:
getsanta · 13/01/2022 14:36

Why do people get so high and mighty about inheritance? It's not grabby to make wills and plan for the future and that of your children. And any child of an elderly parent with money is more than likely (unless they are no contact or something like that) going to be the beneficiary. So odd.

getsanta · 13/01/2022 14:38

@Footnote

He can’t make a will to decide where someone else’s money goes.
No, but assuming the money from the mother is going to him, his will can stipulate where it goes after he dies.
getsanta · 13/01/2022 14:40

[quote lollipoprainbow]@LettertoHermoine so you'd happily not have any inheritance for your child ??? [/quote]
It's so ridiculous. No one would ever make a will with the attitude of @LettertoHermoine.

JDaytona · 13/01/2022 15:15

If it went to your daughter it's unlikely that you'd be able to access it op.

It would likely sit in trust until she's 18 or 21.

Gasp0deTheW0nderD0g · 13/01/2022 15:31

Genuine questions, as I don't know the answers.

The OP's daughter is 9. If she inherits any money before she's 18, as she's a minor, she would need somebody to look after it for her. If the will doesn't specify who that should be, who does decide that? Could her mum be the trustee?

Next - if the OP is struggling financially, her daughter will be too. If she has inherited a substantial sum of money, are the trustees, whoever they are, really going to say that has to remain untouched until she grows up? Surely it would be OK to give the OP some money to help with housing and basic needs, or to pay for extracurricular stuff the OP couldn't afford?

Viviennemary · 13/01/2022 15:36

Depends what it says in his mothers will.

gogohm · 13/01/2022 15:40

In the event of your ex dying before his mum whether your daughter inherits will depend on his mums will, if she no longer has capacity now it cannot be changed legally so it will be whatever your ex negotiated. Unless your ex is ill, I'm guessing you are just thinking it through. Remember any money has to be spent in certain ways too

LethargicActress · 13/01/2022 17:34

[quote lollipoprainbow]@LettertoHermoine so you'd happily not have any inheritance for your child ??? [/quote]
Lots of people don’t have an inheritance to leave their children, it’s quite normal. But if people want an inheritance for their children then they work for it, before eyeing up their ex mother in laws estate and wishing premature death on their children’s father.

LettertoHermoine · 13/01/2022 17:38

@LethargicActress Got it in one!

ChicCroissant · 13/01/2022 17:40

No, but assuming the money from the mother is going to him, his will can stipulate where it goes after he dies.

That's not what the OP was asking - she asked what would happen if the ex died before his mother. So it's the mother's will that would matter here, it could all go to ex's brother if that's what she has decided.

Bakewelltart987 · 13/01/2022 17:48

Yes if dad is to inherit but is no longer around dd will get her dad's share we have just been through this. My uncles got there share of nans assets me and my siblings got my dad's share. Altho if dd dad passed before his mum then their is a good chance she will change her will so dd might not get anything if that was the case.

Bakewelltart987 · 13/01/2022 17:51

@JDaytona

If it went to your daughter it's unlikely that you'd be able to access it op.

It would likely sit in trust until she's 18 or 21.

No that's not the case unless it's written in a will that that is the person's wishes.
StrifeOfBath · 13/01/2022 18:26

People finding out the facts and planning accordingly is not ‘wishing’ anyone dead!

I have made a careful Will without wishing myself dead.

I have discussed wills with my children’s dad, without either of us wishing the other dead.

My parents discussed with me how I thought my share of their will should be treated. No wishing if anyone dead.

Original poster
lollipoprainbow · 13/01/2022 18:32

@LettertoHermoine @LethargicActress Wow you both sound very bitter nasty pieces of work. You'd both be happy to forgo any money for your children would you ??

OP posts:
bonetiredwithtwins · 13/01/2022 18:35

Is your ex married? His spouse will inherit it all unless he states something specific in his will

Original poster
lollipoprainbow · 13/01/2022 18:38

@bonetiredwithtwins nooooo and never will be he's happy to be on his own he's virtually a recluse !! She's is only child.

OP posts:
Original poster
lollipoprainbow · 13/01/2022 18:40

@Bakewelltart987 thank you for helpful response ! His mum has Parkinson's disease so not full capacity so the will can't be changed now. I know she would want my daughter to inherit the money. His brother is evil and would try and change her mind if he could but hopefully nothing untoward will happen.

OP posts:
LethargicActress · 13/01/2022 18:46

[quote lollipoprainbow]**@LettertoHermoine* @LethargicActress* Wow you both sound very bitter nasty pieces of work. You'd both be happy to forgo any money for your children would you ?? [/quote]
I wouldn’t forgo it on their behalf if it were there in front of them obviously, but you are still two living people away from being in that position.

I can honestly say I have no interest in what my dc’s paternal grandmother might leave them, and seeing as my ex is alive, middle aged, healthy and skint, I haven’t considered what he might leave them either.

getsanta · 13/01/2022 18:47

Lots of people don’t have an inheritance to leave their children, it’s quite normal. But if people want an inheritance for their children then they work for it, before eyeing up their ex mother in laws estate and wishing premature death on their children’s father.

Oh give over. No one is wishing for anyone's premature death. My husband is worth way more to me dead than alive and vice versa because of life insurance.

We as a family have structured our affairs to ensure everyone is protected in case of untimely death and the OP's ex would be wise to do the same for his daughter. Every parent should have a will and especially one who could come into an inheritance. Should the brother get it rather than than granddaughter? It's not grabby it's the right thing to do.

MN is so weird about this. And remember thar this that this is in Legal Matters.

badgerread · 13/01/2022 18:53

He needs to make a will! my exH died in 2019, he lived with someone but they didn't have children and weren't married. We have two DS. His new partner claimed she was financially dependent on him and got a third of his pensions. He didn't leave a will nor state any nominees/beneficiaries on his pensions. I think he thought everything would automatically go to the children as he wasn't married (he wasn't particularly happy) but it didn't and I spent a small fortune on legal fees 😩

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