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Original poster

We are screwed aren't we- inheritance?

114 replies

Worldwide21 · 15/08/2022 19:15

I live with my DH in a house with my inlaws- they own the house. My DH has lived there all his life and I have lived with there since we got married. The house is worth about £700000 currently and we were told that all of it, bar £100000 which would go to DH's sister, would go to us. The current will states this.

As a result we have invested a lot of our own money into this house, including a £50000 loft conversion 10 years ago as well as the majoirty of the bills, sacrificing the chance to move out.

My MIL has a volatile mind and may try and change the will after my FIL passes away- he is very frail. Do we have any protections in law if this happens given our investments in the house and the expectation that the bulk of it would go to DH.
Also would I or my children potentially be completely disinherited if my DH suddenly passed away first? My MIL and FIL are unwilling to change the will by putting the house in a trust now and we understand that care home fees may swallow up some of the house if it were needed.

Sorry for the long post.

OP posts:
MissConductUS · 15/08/2022 19:25

Consult a solicitor. If you can prove that you paid for the improvements with the agreement that you would inherit the house, you might have a basis to sue if she changes the will. I think this is likely a long shot, though and you would be screwed if she changes the will.

You really need to get competent legal advice about your position here.

Original poster
Worldwide21 · 15/08/2022 19:38

Thanks we will definitely be getting advice ASAP.
I can't believe we were so gullible but we never believed that her mind has got so volatile as she has got older. When one of the IL die, their half of the house goes in a trust according to the current will so am I right in thinking that that half can no longer be touched if the will stays as it is before one of them (most likely FIL passes away). I am just trying to get a general idea but will definitely be getting legal advice.

OP posts:
Mamette · 15/08/2022 19:46

You spent €50000 10 years ago- have you also been paying rent/ towards a mortgage?

€50000 isn’t much over a 10 year period.

Why don’t you take steps to move out and get a place of your own now?

IMO if you’re going to wait for this inheritance then you’ll have to take it as it comes/ if it comes. You can’t enforce some kind of perceived entitlement.

MadonnasKebab · 15/08/2022 19:46

Is the sister ok with 100k when the house is worth 700k? It could cause an issue if she contests the Will when the parents die

Yabado · 15/08/2022 19:47

I think - well this is what happened with my parents
When one spouse dies If their half of the property goes into Trust then that half can’t be touched by care homes / or new partners and will go to whoever is the beneficiary of that person

but generally the other person has the right to live in the property
If you are a trustee / executors
make sure when the first person passes you get a solicitor to update the deeds to reflect the new ownership of the house on the land registry

MadonnasKebab · 15/08/2022 19:47

How will the sister for the 100k will you have to remortgage or sell it?

Original poster
Worldwide21 · 15/08/2022 19:52

@MadonnasKebab We don't have very good relations with DH's sister but we still talk regularly. we have not asked her about the will. However we look after the IL and pay most of the house bills for the over 20 years we have lived there together.
They never wanted us to move out with the intention to provide the bulk of the house to us. We have another property but is a two bed flat and we hope to sell it to help with our pension and the 100k bill. We may downsize instead however to pay of the bill.

OP posts:
Stripedbag101 · 15/08/2022 19:52

This sounds really unfair to your sister in law unless there is more to the story.

have you been living rent free for all this time?

you need proper legal advice.

but I assume you and your husband don’t value the relationship with his sister because in the face of it she is being completely screwed over here.

Farmageddon · 15/08/2022 19:53

Did you not have any agreement on paper before you invested a huge chunk of money into the house? Possibly you could try and get that money back and use it as a deposit on a place of your own.

If I have learned anything it is don't depend on promises made years ago, and that people are weird about money - I know several people who were so sure they would get large inheritances, but after care homes, or family fallouts it never materialised.

You really should be making your own plans to set yourselves up independently, that way anything that comes your way will be a bonus.

Original poster
Worldwide21 · 15/08/2022 19:57

We have lived rent free but literally pay for everything bar the water bill. these include the vast majority of groceries, decorations, as well as the loft conversion which has always been done with the intention that the house would mostly go to DH. SIl is also much richer than us with a few big properties.

The IL would not be able to afford the house currently without our financial contributions. We also take care of their whole life in terms of healthcare and general day to day living.

OP posts:
PigeonsAndVikings · 15/08/2022 19:58

£50k over 10 years is about £400/month. I don’t know where you live but that will barely get you a room in a house share round here (NW England). Even if you “lose” the home improvement money you’re still well up on this deal if you’ve been living rent-free all this time, even if you “only” get 50% (presumably the sister doesn’t live rent/mortgage free somewhere at PIL’s expense?)

Original poster
Worldwide21 · 15/08/2022 19:59

It does seem however that this does not seem to count for much legally so we will seek legal advice.
Do you think we could sue if MIL decides to give her whole half to SIL instead of splitting it?

OP posts:
Johnnysgirl · 15/08/2022 20:00

Not a lawyer, but it sounds like the sister would have grounds to try to contest the will.

She wouldn't necessarily win, of course, but why do you think it's fair that having lived rent free all your married life you then get to inherit the property?

Johnnysgirl · 15/08/2022 20:01

Do you think we could sue if MIL decides to give her whole half to SIL instead of splitting it?
Jesus Christ 🙄

Original poster
Worldwide21 · 15/08/2022 20:02

@Johnnysgirl We sacrificed the opportunity to move out as IL's pressurised us to stay when we were young and after investing so much money ( we updated bedrooms, wallpaper as well over the years costing a few ten thousand) we can no longer move out now.

OP posts:
QuebecBagnet · 15/08/2022 20:05

There was a similar case to this in the papers a few years ago. A son had lived rent free on his parents farm but worked for barely any money for years on the understanding the farm would come to him. He invested some of his own money in improvements, etc. When his parents died they hadnt left him the farm.....I can’t remember who they left it to. Anyway he sued and iirc he won and got the farm

dcbc1234 · 15/08/2022 20:06

As you are already living there, perhaps you could get at least your partner's name on the deeds now?

Justasec321 · 15/08/2022 20:06

Most of us pay the expenses on our home. I don’t see how that is exceptional? The difference for you is that you have not had mortgage/rent on top?

looking after the in laws - are they /have they been îll or unable all this time?

QuebecBagnet · 15/08/2022 20:08

Oh, no, he didn’t get the farm. www.wilsonbrowne.co.uk/news/personal/court-decides-farm-promise/

Original poster
Worldwide21 · 15/08/2022 20:09

@dcbc1234 We really tried this when they put the will together but MIL was adamant she wanted to own the house till she dies. FIL just accepted it as he wants no stress. The most we could do was persuade them to put the half of the person who dies first into trust rather than the other spouse's name.
We have however said that we will do no more house improvements unless DH is put on the deeds.

OP posts:
MrsOwainGlyndŵr · 15/08/2022 20:09

MadonnasKebab · 15/08/2022 19:46

Is the sister ok with 100k when the house is worth 700k? It could cause an issue if she contests the Will when the parents die

You can't contest a will just because you don't like what it says.

Does the Will say Thai if DH dies, his share will go to his DCs? That's what usually happens.

BasiliskStare · 15/08/2022 20:10

You really need proper advice here and a clear will which says what each DS / DS will inherit - otherwise it's a he said she said thing - I would have thought.

If it were me I would be looking to get a house which doesn't depend on DPIL's say so

knittingaddict · 15/08/2022 20:10

What if your inlaws become ill in their old age and need to enter a care home? There may be nothing to inherit.

Snoken · 15/08/2022 20:11

It sounds like the fair thing to do is take the value of the house once both parents have passed, deduct any money you have invested in it to improve and then split the remaining money 50-50 between your DH and his sister. You will have had the benefit of living rent free for years which she hasn't, but anything more than that would be hugely unfair to your Dh's sister.

Johnnysgirl · 15/08/2022 20:11

Worldwide21 · 15/08/2022 20:02

@Johnnysgirl We sacrificed the opportunity to move out as IL's pressurised us to stay when we were young and after investing so much money ( we updated bedrooms, wallpaper as well over the years costing a few ten thousand) we can no longer move out now.

You really spent tens of thousands on decorating?

It could be argued that as you weren't paying mortgage/rent it was a reasonable contribution for your keep.
The other general bills are payable by most people wherever they live, surely?
Nobody's going to believe you spent so much on wallpaper that you couldn't afford to house yourself 🤷🏻‍♀️