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Original poster

Ainu inheritance

140 replies

Shivvy1 · 31/05/2023 01:39

Hello,

I would like some advice re an inheritance issues and would love to hear peoples opinions.

My brother died 6 weeks ago and our mother last week. Her will states that her home should be sold and split between her 3 children.

Now that my brother is dead, do I sell the home as stated and give my brothers wife and children his share or just share it between myself and my other sister?

Thank you.

OP posts:
HipHipWhoRay · 31/05/2023 01:43

I am sorry for your loss. What a terrible shock and nightmare to be dealing with both. I think Usually would go to your brother’s estate.

RagamuffinCat · 31/05/2023 01:44

Does your Mum's will make reference to what would happen if one og her beneficiaries died before her? If not, the estate should be split according to the will and split between you and your sister, but whether you choose to give sone of your share to his wife and family is up to you.

JamMakingWannaBe · 31/05/2023 01:45

I'm sorry for your loss.

Your brother's share should go to his children. If the children are under the age of 18, it should be held "in trust" until they are.

Original poster
Shivvy1 · 31/05/2023 01:49

Hello, thank you for your replies. No it doesn't say what should happen if one of her children died before her. I think we should give my brothers share to his family but my sibling doesn't agree.

OP posts:
Original poster
Shivvy1 · 31/05/2023 01:50

Yes it has been absolutely awful. Mr brothers death was such a shock. My mother has been unwell for quite some time and I think his death was the final straw for her x

OP posts:
RagamuffinCat · 31/05/2023 01:55

Who is the executor of your Mum's will? The will will need to be distributed according to exactly what it says unless a deed of variance is drawn up.

Original poster
Shivvy1 · 31/05/2023 01:57

My brother was. Our mum didn't get a chance to change it before her death.

OP posts:
RagamuffinCat · 31/05/2023 02:02

I think you need to speak to the lawyer who drew up the will.

Original poster
Shivvy1 · 31/05/2023 02:03

Yes I will, just wanted to see what others opinions are.

Thank you 😊

OP posts:
ChiefPearlClutcher · 31/05/2023 02:06

The decent thing would be to give it to his children.

What would your mum have wanted?

Sorry for your losses, it is a lot to deal
with :(

Mediumred · 31/05/2023 02:09

Something similar happened to me. I was the adult child but my mum pre-deceased Grandma. My auntie gave me and my brother half when Grandma passed although I guess legally she didn’t have to.

I am so grateful and appreciative and I definitely think it was what my mum and grandma would have wanted (grandma no longer of sound mind when mum v suddenly died so will wasn’t changed).

It sounds like you want to help your SIL and your brother’s children, on what grounds does your surviving sibling disagree?

am also very sorry for you having suffered two such terrible losses in close succession and now facing this dilemma

SD1978 · 31/05/2023 02:38

Unless it's stipulated that if a child precedes a parents death their family inherits their interest, I believe it's split between the surviving children only- but only a lawyer will be able to tell you.

wafflyversatile · 31/05/2023 02:40

I'm so sorry for the loss of your brother and mother.

You're quite right that the money should go to your brothers children. It's the decent thing to do. Held in trust if needs be and with their mother able to draw on it for their benefit if she needs. If he died young and suddenly it could be a tough time for his wife financially the next few years. If your mother wanted to cut out her grandchildren following her son's death she probably would have mentioned it.

transformandriseup · 31/05/2023 02:41

My dads will states that if one of my siblings pass away before he does then his share of the estate will go to his children however this is written in the will and they are all different. You will need to do exactly what the will says.

transformandriseup · 31/05/2023 02:42

his children

That should say my siblings children.

kitchenhelprequired · 31/05/2023 04:47

Definitely get legal advice if DSis is of a different opinion. It doesn't seem fair that DBro's DC are disadvantaged vs any DC you or DSis might have (that is working on the basis that accumulating wealth in family helps everyone and not just the beneficiary). If the law says split between remaining siblings and DSis doesn't change view I would split the difference between my half share & third share equally between DBro's DC so I haven't personally profited by such awful timing. Your DSis's opinion doesn't need to change anything for you.

Badbudgeter · 31/05/2023 04:51

I’d agree you need to speak to as solicitor. Under intestate rules your brothers children would replace him and split his share equally. However it depends on the wording of the will.

OttoGraph · 31/05/2023 04:54

you have to follow what the will states, not what you or anyone else wants.

as there is no provision for your brothers share that means the estate is split between you and sibling

what you decide to then do with your share is entirely your choice. You may choice to split your share with your brothers children

Was jyst one ex chosen? Or is there another?

BarbaraofSeville · 31/05/2023 06:09

Sorry for your loss.

This is probably a moral vs legal question.

Legally, it's likely to be the case that your DMs estate should be split 50/50 between her surviving 2 DC unless her will stipulates otherwise.

However, morally, it would be nice to split it 3 ways between the three families, including your brother's. Unless your brother's widow and DC are already much more financially comfortable than you and your surviving sibling, perhaps because they already had money, or there will be a good life insurance payout.

Your SIL and DNs have had a terrible emotional shock, and could well suffer significant financial hardship unless they are well provided for. An inheritance from your DM could give them breathing space while they come to terms with the loss of their DH/DF?

You and your sibling will already be getting a significant inheritance, whether it is £X or two thirds of £X. Would they really sit on a large inheritance and see your SIL suffer financially due to bad timing of bereavements? You say your DM had been unwell for some time, so her passing was not unexpected. If your DB had survived her, even by a short time, this wouldn't even be a question.

BarbaraofSeville · 31/05/2023 06:13

Of course, you could do what @OttoGraph suggests and give a third of your share to your SIL and tell her and your sibling what you are doing.

Then you have had your wish, SIL has some money which may help her through a difficult period and it may even inspire your sibling to do the same.

Campervangirl · 31/05/2023 06:23

So sorry for your loss.
If db had died after your dm his inheritance would go to his DW and dc but as he died first the will should be divided between the two remaining heirs as named in the will as db wasn't alive to inherit.
You can't decide to give ds's third to his DW and dc without the agreement of your other sibling.
Morally it's a nice thing to want to do but the inheritance belongs to you and your remaining sibling.

Mummyoflittledragon · 31/05/2023 06:30

I would also think unless stipulated, legally you could split it 50/50. But I would never do this. I would split it in 1/3s. I’m so sorry for your loss.

Mummyoflittledragon · 31/05/2023 06:31

Oops I should have said. To the children rather than his widow unless she really needs the money. It depends how much it is. You should think about getting legal advice and talk to her.

Dressingdown1 · 31/05/2023 06:32

You are getting some really bad advice here. From what you have posted your brother's children are legally entitled to his share. You cannot split it between the surviving siblings.
Please consult a solicitor.

Ladyflip · 31/05/2023 06:34

s. 33 (1) Wills Act 1837 applies. It goes to your brothers children unless a contrary intention applies.

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