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Legal matters

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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:
lollipoprainbow · 14/01/2022 11:40

@Daenerys77 is that comment necessary ??

OP posts:
prh47bridge · 14/01/2022 12:54

Unfortunately, Legal Matters has a tendency to turn into AIBU at times.

You asked a simple question - what will happen to your ex's mother's estate if he dies before her estate is distributed. I answered that question. Ignore those calling you grabby, etc.

Conspiracyornotr · 14/01/2022 14:13

Where did I say you can make a will when your dead .. clearly not and i didnt i was saying without one u aint gonna get no money but she's asking about her ex husbands mothers will it look money grabbing to me that's his mother not yours so what of he said he wants it to go to your daughter then let him sort it don't be pushy. If u that bothered make your own will for her not someone else's mothers !!!

getsanta · 14/01/2022 14:17

If u that bothered make your own will for her not someone else's mothers !!!

OP is concerned about the father of her child's will, not her ex MIL's. OP has explained that the father is pretty clueless and hapless, but wants any money to go to his daughter. He seems to think he doesn't need to worry about a will and OP is wondering whether he should!

lollipoprainbow · 14/01/2022 14:26

@getsanta thank you. @Conspiracyornotr sorry I don't understand your rambling post.

OP posts:
Soontobe60 · 14/01/2022 14:30

@Bakewelltart987

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.
This is not correct. If the mother’s will only stipulates the estate to be shared between her 2 sons then if 1 son dies before her, it will all go to the other son. If, however, the will states that it goes to her 2 sons OR their offspring should she outlive them, then the dead sons share will go to his children.
ChicCroissant · 14/01/2022 15:47

@getsanta

Why are people so spectacularly missing the point? The MIL's will currently leaves money to her son. Her son wants it to go to his daughter if he dies first. He doesn't have a will and doesn't think he needs one. OP wants to convince him he does if he wants his wishes to be carried out without hassle. No one is being grabby - it's called planning.

I think there are a lot of bitter people on here without an inheritance in the future. Full disclosure, I certainly won't have one.

The OP has said that the MIL can't change her will now, so whatever she's decided can't be altered. Regardless of if 'her son wants it to go to his daughter if he dies first' he can't influence or change his mother's will. The son writing his own will won't make a difference to his mother's will if he predeceases her.
getsanta · 14/01/2022 15:59

@ChicCroissant yes, I realise that and so does the OP now I think. Posters were jumping on her for asking a legal question that she didn't know that answer to and now does - calling her granny and cringey and a horrible person for even thinking about it. Well, she does know to the extent the advice on here is correct.

VanGoghsDog · 14/01/2022 16:12

@HollowTalk

It would include that, *@BigSandyBalls2015*, because the will would presumably say he left all his money and belongings to his daughter. He doesn't have to specify the amount.
You can't bequeath something you don't own! So if he dies before his mum, only what he owns at that time gets passed down. Any will be makes will be irrelevant if he pre deceases his mother.
prh47bridge · 14/01/2022 17:00

@Soontobe60 - I'm afraid you are wrong. Bakewelltart987 is correct. Under the Wills Act 1837, if a will specifies that the estate is to be shared amongst a class of people consisting of children of the deceased and one of the children dies, their share goes to their children. Similarly, if a child is named as a specific beneficiary but they die, their share goes to their children.

If we were dealing with someone other than the deceased's children, you would be correct but there are special rules for the deceased's direct descendants.

lawstuff · 14/01/2022 19:32

@prh47bridge is right. Unless s33 of the Wills Act is expressly excluded or unless a contrary intention is obvious in the Will. Therein is the issue, you can't know what your ExDMIL's Will says, unless she has shared the content with you and, even then, if she has capacity she can update her Will at any time with no moral or legal obligation to inform anyone of the change.that's if she has a Will!!!!

I'm a regular MN poster but have name changed. I am a private client lawyer and this is my area of practice.

To be honest I've been thinking about this thread today and I just had to comment.

OP, no one can begrudge you wanting to secure your daughter's future. Especially in light of the fact that her father hasn't provided for her as he should have done through there childhood.

However, and it is a big however, your daughter (or anyone else for that matter) is not ENTITLED to receive any inheritance from your ExDMIL, or anyone else! It is entirely her money to do with as she pleases. If she does leave her estate to her son(s) then, again, it is their responsibility to ensure adequate provision has been made for their dependents. This would mean it's your ex's responsibility to make a Will to ensure his assets pass to his child(ren), if that's what he wants to do.

As other posters have said, if your ex died intestate (without a Will) then the Intestacy Rules applicable (at the time of his death) will apply to who receives his estate and in what shares. If your ex did marry then, under current law, his new spouse would receive the first £270k of his estate and all his chattels (personal items) and 50% of what remains. The other 50% of what remains goes to children of the deceased and, if more than one on equal shares. If he isn't married then it all goes to his children (at 18 - held on trust if they are minors). That's a very quick overview if he doesn't have a Will.

That said it is your ex's responsibility and YOUR responsibility to provide for your daughters future. Not her grandmother. What she does with her money is really non of your business. I'm sorry but it isn't. I see it all the time at work. We even get family members calling in trying to arrange a Will for their parents / grandparents. It's so entitled and wrong. Believe me the lawyers taking those kind of calls think it is so inappropriate and dare I say, grabby. Fair enough helping your old dear arrange her Will that she wants to do but no, you can't be in the meeting and it isn't your decision as to who she leaves her money to! Rant over!

Teach your daughter how to make her own way in this world, provide for her yourself if you want to in your Will, discuss with your Ex his provision for her as her other parent but that's where it would end. No one is entitled to revive an inheritance. If anyone gets one then how lovely, what a lovely gift to revive, but never bank on it as an easy solution to money issues.

That's just my thoughts. Completely not interested in getting into a debate. We all have our own opinions and that's why MN is so interesting and you asked a question in the first place!

Soontobe60 · 14/01/2022 20:15

[quote prh47bridge]@Soontobe60 - I'm afraid you are wrong. Bakewelltart987 is correct. Under the Wills Act 1837, if a will specifies that the estate is to be shared amongst a class of people consisting of children of the deceased and one of the children dies, their share goes to their children. Similarly, if a child is named as a specific beneficiary but they die, their share goes to their children.

If we were dealing with someone other than the deceased's children, you would be correct but there are special rules for the deceased's direct descendants.[/quote]
I stand corrected.

getsanta · 14/01/2022 20:32

So much shocking misinformation on this thread (I acknowledge some may be correct). People really need to not let their views about death and inheritance get in the way of the actual law. Again, we are in Legal Matters.

StrifeOfBath · 15/01/2022 02:56

@lawstuff Now maybe go back and read the OP and see how many if your 9 paragraphs actually answer the factual question on the OP.

Or address any implications in the OP.

I make it 1.

Seemssounfair · 15/01/2022 09:56

[quote lollipoprainbow]@Seemssounfair I'm looking out for my daughters future which is what any decent parent does. I'm not crass and grabby. [/quote]
Most parents look after their dcs future without badgering people for a slice of an elderly persons will that they haven't been mentioned in and have no entitlement to. Especially when they are trying to cope with the stress of an elderly parent who is ill, has lost capacity and is still alive.

The will was written with the support of solicitors when she had capacity, they would have discussed these scenarios, and what was written and signed were her wishes.

It is crass and grabby.

lollipoprainbow · 15/01/2022 10:08

@Seemssounfair

If you'd bothered to read my post properly you will see that I already know the will has stated that money is to be shared between my ex and his brother how is that me badgering someone ?? I was asking what happens if my ex should go before her. I know all too well the stress and upset of coping with an elderly parent with no capacity, my mum has advanced dementia. I have provided for my daughter single handedly for 10 years without any financial support from parents or grandparents as many others seem to do so I don't feel wrong in trying to secure something for my daughters future.

Maybe think about what people are dealing with in life before making nasty comments.

OP posts:
Seemssounfair · 15/01/2022 10:49

Me and her dad have spoken many times about it and he's adamant he wants her to inherit the money

I read your posts and it sounds like badgering to me. Anyone who repeatedly tried to discuss my parents money while they were alive, elderly and frail would have got short shift. It is not his money (yet) to do anything with, once he inherits he can then make his decisions.

The fact he was crap at financially supporting his dd, is terrible, you should be discussing how he supports his dd WHEN he has money (whereever it comes from), but you simply cannot change his mums wishes if he dies first, and discussing it repeatedly before she dies is still crass.

lollipoprainbow · 15/01/2022 11:03

@Seemssounfair you seem to have a real bee in your bonnet about me ! Have I touched a nerve ??

OP posts:
Seemssounfair · 15/01/2022 11:21

You directly asked me a question, tagged me so i got a notification and I replied with my answer/opinion Hmm. You shouldn't ask questions if you don't want an answer.

My nerves are fine, thanks.

PurpleCarpets · 20/01/2022 20:50

@lollipoprainbow Really don't bother engaging. It's the Legal board. These people seem to got lost on the way to the Moralising Finger-Wagging board Grin

WinterSpringSummerorFall · 21/01/2022 13:20

Back to your question.
What does your MiLs will say about what happens if her son dies before she does? That is the key.

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