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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:
Hollyhead · 31/05/2023 06:36

Just get legal advice. It may well be that it’s still in 3rds. If that turns out to be 50/50 now then once you have the money do the right thing and gift some.

peacelemon · 31/05/2023 06:36

Firstly, sorry you're dealing with this. You say six weeks - I believe it is usually 21 days or 28 days that would affect the will. I'm surprised no clause was in place in your mum's will. See a solicitor.

I imagine legally your mum's share gets split between the two of you but morally I don't think that's right.

liz4change · 31/05/2023 06:39

I'm very sorry to hear of your double bereavement, that is a lot to deal with in a short space of time.

Assuming you live in England or Wales (Scottish law is different) unless your mother's will stated that in the event of one of her children predeceasing her, their issue should inherit, then as PP have said the starting point is that her estate goes to the two surviving siblings.

If your deceased brother was the executor it is highly unlikely that she intended this to happen.

As PP have said the morally right thing to do would be to divide three ways. Legally you would need to have something called a deed of variation drawn up by a solicitor saying that you and your DSis agree to vary the effect of the will.

As others have suggested, you do need legal support, suggest starting with the Citizens Advice Bureau for assistance if you are not sure how to proceed, or you may already have a solicitor in mind.

Regarding your DSis' perspectives.....well it might be appropriate to ask her to reflect on how your DB and DM would feel about his children receiving nothing from your DM's estate. Or how she herself might feel in similar circumstances.

Maxiedog123 · 31/05/2023 06:42

Get legal advice, hopefully that will be that your brother's 1/3 share would be placed in trust for his children( as per the act quoted by pp)

sandgrown · 31/05/2023 06:54

Will your other sibling not have a relationship with your brother’s children in the future ? Surely not giving any thing to your brother’s children will sour the relationship with their mother. Whatever the legal position morally his children should get a share of their grandmother’s estate, put in trust . I am sure that’s what your mother would have wanted . I would hate any of my grandchildren to be “left out”

liz4change · 31/05/2023 07:04

@Dressingdown1 @Ladyflip happy to stand corrected.

Out of interest, why do solicitors then use will formats that don't make this clear - the current situation illustrates the pitfalls of this.

Morechocmorechoc · 31/05/2023 07:09

Of course his kids get his share. How awful to cut them out when they are already disadvantaged in life losing their dad.

Make sure you leave it to the kids in trust though, or if the wife can get hold of it and she ends up with someone else the kids could lose out on it.

MontyDonsBlueScarf · 31/05/2023 07:09

A quick Google brings this up https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084 which suggests that your brother's share passes to his children. But you would need to check exactly what the will says. It looks as if it would be a very simple matter for a solicitor to advise on.

IHTM12084 - Succession: Wills: Legacies and devises: Lapse (England, Wales and Northern Ireland) - HMRC internal manual - GOV.UK

https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm12084

drpet49 · 31/05/2023 07:12

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.

This

determinedtomakethiswork · 31/05/2023 07:12

I am so sorry you have lost your brother and your mum. You must be in terrible shock.

I thought your brother's share would legally go to his family and would only go to his siblings if he had no wife or children.

If he was just living with someone and not married and didn't have children, then she wouldn't inherit, although of course the family might decide that morally she had his share.

Mindymomo · 31/05/2023 07:25

My brother died aged 51 and my Dad died the year after. Dad had left everything to us 3 children. We saw a solicitor who confirmed that a third should go to my brother’s widow, which is what happened. The cash he left we divided that between the grandchildren. I would add that my sister in law didn’t expect this, but it obviously helped her a great deal as she was struggling with money.

bathty · 31/05/2023 07:27

Surely the correct thing to do is to give it to his dc?

Lacoeur · 31/05/2023 07:29

Your brothers share was never your and your siblings to share. Now your brother is dead his share should be divided between his children.

Hearti · 31/05/2023 07:31

his 1/3 goes to his children.

peacelemon · 31/05/2023 07:34

Lacoeur · 31/05/2023 07:29

Your brothers share was never your and your siblings to share. Now your brother is dead his share should be divided between his children.

His share never got to him. He died before his mum.

SheilaFentiman · 31/05/2023 07:36

IANAL.

If you and DSis agreed, you could sign a deed of variation that gave the original share to whoever you agreed on (eg your SIL). I believe this is cleaner than you receiving your shares and then each gifting some to DBro’s family.

SheilaFentiman · 31/05/2023 07:38

Looking at @MontyDonsBlueScarf’s link, it does look like the share goes to his kids anyway.

Listenforachange · 31/05/2023 07:41

Lacoeur · 31/05/2023 07:29

Your brothers share was never your and your siblings to share. Now your brother is dead his share should be divided between his children.

Legally, only if that’s what the will stipulates. If it’s silent on what happens to the brothers share if the brother pre-deceased his mother, then the estate is distributed according to the Will, ie, to the remaining siblings.

My parents accounted for this in their wills stating that if my sibling or I died before they did, our share would go to our children, not the other sibling.

honeylulu · 31/05/2023 07:44

His children are entitled to what would have been his share unless the will specifies a different arrangement. If its not clear or your sibling is still resisting get a solicitor to confirm the position. I'm so sorry for your two losses, you must be absolutely reeling.

ICalledYouLastNightFromGlasgow · 31/05/2023 07:50

I can't advise you on the legal position but I hope your brother's wife and children get their fair share. Is that what your mum would have wanted for her grandchildren?

ICalledYouLastNightFromGlasgow · 31/05/2023 07:51

And I'm sorry, I should have said, I'm sorry for your losses, it sounds like it's been a really hard time.

SheilaFentiman · 31/05/2023 07:55

OP

As there is now no executor, it looks like you or your sibling will have to apply for something called a Letter of Administration in order to deal with banks etc.

I would definitely go and get advice on both these things. If it is at all possible for a solicitor to take on the executor-equivalent role for your mum’s will, that would probably be best, as (a) the situation is tricky with your brother’s death and (b) you both have a lot of grief to deal with.

SheilaFentiman · 31/05/2023 07:56

Also, you might want to move this to legal matters as you definitely want lawyers commenting.

DomPom47 · 31/05/2023 07:56

I would give a third to my brother.
outside of the will stating divide between the 3 siblings and now there are just the two of you why do you think your sibling thinks against this?
I would put it in a trust for your brothers kids.

Talia99 · 31/05/2023 07:56

It doesn’t matter if your sibling disagrees. The law covers this point. If a parent (A) leaves money to a child (B) but the child pre-deceases them as has happened here, the will takes effect as if the money has been left to AB’s children unless the will says something to the contrary.

It’s s.33 of the Wills Act 1837.