We are screwed aren't we- inheritance?

[Worldwide21]

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.

My father laboured on his father’s land most of his life with the promise that if he took 25% of the farm earnings (which meant we largely lived fairly impoverished) and my grandfather took 75%, my father would be transferred the land when grandfather retired.

When the time came for my GF to retire, my grandmother and GF sold the land, told my parents they needed money for retirement, and mostly gave it away to another sibling (who had never worked the farm) and the remainder was distributed amongst all siblings on their death.

My parents never saw a solicitor about it- there are cases where some have succeeded in receiving equitable relief. But suffice to say, they were totally screwed over by the verbal promises historically given (usually difficult to prove) by their parents.

I think you are in some difficulty and I regret you have only realised now. Speak to a solicitor and see where you stand. I understand your stress; I can’t imagine it has been an easy life living with your in laws and now this.

Did you discuss the implications of all this at the time of moving in on your SIL’s inheritance with her and her parents?

it sounds like you’ve enabled your in-laws to stay in a property that they otherwise couldn’t afford, but also capitalised by having low monthly costs associated to living rent/mortgage free.

They (in-laws) haven’t had the sense to avoid this. And neither have you.

This has effectively (potentially) disinherited someone just because you moved in.

they have already guaranteed that, if one of them goes into a care home, the other spouse's share of the property cannot be taken for care home fees

That wouldn't happen anyway, with no trust and/or with joint tenants.
A spouse would not be forced to sell the home they live in if the partner has to go into a care home.

Not unless she's a dependent which she clearly isn't.

I’m not a lawyer, but that was my reading of it.

As you clearly are - may I ask - would it be possible or even desirable to establish a beneficial interest in the property while MIL alive (assuming she would agree to it)?

Deprivation of capital is only an issue if they want local authority help with care fees, if they pay their own private fees it’s irrelevant.

You sound grabby.

That's really interesting that the SIL has the financial POA.

Op, does your husband have access to your PILs bank accounts etc?

The problem with arrangements like this is that things change over time and people change over time. I imagine when you moved in the house was worth an awful lot less than it is now (relatively)

When and why was a figure of £100,000 suggested for the SIL.

If you, your husband and your kids weren't living in the house then I wonder if your PIL could have moved to a smaller house that they could have afforded to live in. They would have then benefited from the money freed up by the sale of the bigger house. I also imagine that they wouldn't have needed the £50,000 loft extension if you and your family weren't living there.

Do you think your husband is telling you everything?

I'm guessing some kind of cultural issue going on here - son is favoured ? I see it a lot in my line of work.

If your husband dies first
You and your children are entitled to nothing !

If they change the will, You are entitled to nothing

Get all the Advice you want
You, your husband and children are ‘entitled’ to nothing

Ignore PP above. Also ignore those complaining about the sister's share. Your parents are entitled to make their bequest in any way they want and if you have been living with them and making life easier for them for many years, and your sil is independently wealthy it seems entirely reasonable to apportion the bequest in this way.
Solicitor's advice is what you need, not the collective but unqualified wisdom of MN!

You have been treated very badly on this thread. This is legal not AIBU! I can see how this would happen. You need legal advice.

If MIL agrees it is clearly possible. It may be possible even if she doesn't agree. Whether it would be desirable is another matter. I would want more information before attempting to answer that question.

I haven't read the whole thread, so someone may well have beaten me to it, but it's called a constructive trust. Speak to a specialist solicitor (one who does property litigation). If you can prove the facts as per your OP you should have a good case to hold them to their promise.