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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:
WakeMeUpWhenGoodOmensIsBack · 31/05/2023 08:24

Yes, it's presumably obvious how to split the assets (assuming there's nothing weird in the Will which would override section 33 accidentally) but while you can just hand the money over to adults and say "there you go, can I have a receipt for the records please?" it's much trickier with children, and that's where a solicitor will come in handy.

Solicitor can also explain to bastard siblings that they don't have a choice about doing the right thing.

MargotBamborough · 31/05/2023 08:25

ClairDeLaLune · 31/05/2023 08:23

What this thread shows is ask a proper lawyer not ransoms on the internet. I am very sorry for your loss OP Flowers

Yes, I am a "proper lawyer" and even I would do this, because it isn't my practice ares and also because it is helpful to have a neutral third party who is qualified to advise to tell you what to do in these situations, especially where there is disagreement.

Runnerduck34 · 31/05/2023 08:26

Morally your brothers third should go to his children, I assume this is most likely what your DM would want.
Especially if they are now in reduced financial circumstances following your DBs death.
If your sister doesnt agree then you need to get legal advice( from watching heir hunters🤣) I suspect his DC legally get his share as well as morally but youd need to check with a solicitor, should be a quick and simple thing to do. If legally its split 50/50 between you and your sister you could give a third of yours to his DC and hope your Dsis does the same.
Is there a reason why your dsis doesnt want DB children to inherit?

WakeMeUpWhenGoodOmensIsBack · 31/05/2023 08:27

Talia99 · 31/05/2023 08:24

In a circumstance where DB’s children (or their mother acting on their behalf) could sue the OP and her sibling into oblivion (for the missing legacy plus thousands or tens of thousands in costs) as well. This is definitely a situation where the OP being a good person and wanting to do the right thing has prevented a financial catastrophe for her.

Show quote history

Presumably the children's clock wouldn't start ticking until they turn 18 too: they'd be able to find out the truth and sue their aunts and uncles in ten years time or more....with interest.

Summertimesmile · 31/05/2023 08:27

I was in this situation, my husbands share was split evenly between my children.

IWantToVote · 31/05/2023 08:28

I'm sorry for your losses and I'm sorry you have such a heartless sibling.

This thread is a great example about why you can't ask for legal advice on Mumsnet. There are plenty of amazing, knowledgeable posters on Mumsnet but it's often impossible to know which ones they are.

You might be better posting in the legal section.

I hope everything goes ok.

SheilaFentiman · 31/05/2023 08:30

I think we shouldn’t berate the sibling, who isn’t here, who is also grieving, and who presumably believed their position of a 50:50 split to be legally correct.

JudgeRudy · 31/05/2023 08:32

I'd say legally it's divided between surviving children, so just the 2 of you but I think it would be a nice gesture for you and your remaining sibling to pass your dead brother's share to his children (not wife). Of course you would both have to agree to this. Sort this first. Agree in principal then sort the details later. I'll think you'll feel better for it.
As my mum would say, 'would you rather be right or happy'.

ArdeteiMasazxu · 31/05/2023 08:34

Your sibling is a horrific person, trying to deliberately disinherit their neice/nephew to their own profit.

Glad to see that more knowledgeable people have already shown that the law supports the obviously decent thing that the children inherit what should have been their parents share

LadyEloise1 · 31/05/2023 08:35

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.

I agree @Mummyoflittledragon

burnoutbabe · 31/05/2023 08:37

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.

I think that's the general rule -if you leave if to friend Bob, but Bob dies before you. That gift fails (unless you say Bob or his offspring)
But direct descendants of the deceased would still get it -so your brothers kids get his share (but not his wife if no kids)

I think!

WakeMeUpWhenGoodOmensIsBack · 31/05/2023 08:39

SheilaFentiman · 31/05/2023 08:30

I think we shouldn’t berate the sibling, who isn’t here, who is also grieving, and who presumably believed their position of a 50:50 split to be legally correct.

Even if you believe that the law says you should split the inheritance two ways, any normal human being would say "and then we'll both take a third of our share and give it to Fred's children/widow".

You don't have to know anything about Section 33 or Deeds of Variation to suggest making it right after the estate has been distributed. This isn't a case where the mother has deliberately disinherited one child and making it right would be going against her wishes.

LovelyJublee · 31/05/2023 08:39

Money that was left to one of my great uncles who had no children had died a few month before ended up filtering to his siblings, after the person he left everything to in his will has died and he'd not updated his will, he had no children or it would have gone to them so it went to his siblings one of which would have been my grandad, who had also died, so my granddads share when to his children, sadly which one had died, my dad, and then my dads share was filtered down to his children, family members couldn't just choose how to share it out between themselves and I'd seek legal advice before you do anything at all with that money because if you mum didn't have a will stating what should happen, or didn't have a will then there's law in how that should be split and if it's supposed to legally be his children dd money you don't want to be doing anything that could get you in trouble.

Talia99 · 31/05/2023 08:40

JudgeRudy · 31/05/2023 08:32

I'd say legally it's divided between surviving children, so just the 2 of you but I think it would be a nice gesture for you and your remaining sibling to pass your dead brother's share to his children (not wife). Of course you would both have to agree to this. Sort this first. Agree in principal then sort the details later. I'll think you'll feel better for it.
As my mum would say, 'would you rather be right or happy'.

Legally wrong - see the rest of the thread

WakeMeUpWhenGoodOmensIsBack · 31/05/2023 08:42

burnoutbabe · 31/05/2023 08:37

I think that's the general rule -if you leave if to friend Bob, but Bob dies before you. That gift fails (unless you say Bob or his offspring)
But direct descendants of the deceased would still get it -so your brothers kids get his share (but not his wife if no kids)

I think!

Show quote history

Yep. Section 33 only applies to your children or grandchildren, not friends, cousins, siblings etc.

It's specifically designed that way because 99% of the time that's what the deceased would have wanted if they'd thought about it.

SheilaFentiman · 31/05/2023 08:44

Morally, legally, right, wrong - I’m just not inclined to call someone who lost their brother and mum in quick succession “horrific” as one poster just has.

I’ll leave it there.

Original poster
Shivvy1 · 31/05/2023 08:45

Thank you all very much for your replies. I am going to consult a solicitor as I agree that it is right that my brothers DC should receive his share from my mothers estate. I do know that if he were alive and one of his siblings died he would ensure that the right thing is done and any money is shared with the deceased family. The children are all adults now so there would be no need for a trust.

OP posts:
burnoutbabe · 31/05/2023 08:45

Also most will writers will ask you to confirm for all gifts what if they are dead before you.

It doesn't matter so much if it's parents leaving to children who have kids but is important if you have no kids and leaving things to say your own siblings, or Bruce/nephew. You need to plan for a few back up plans.

SheilaFentiman · 31/05/2023 08:47

Shivvy1 · 31/05/2023 08:45

Thank you all very much for your replies. I am going to consult a solicitor as I agree that it is right that my brothers DC should receive his share from my mothers estate. I do know that if he were alive and one of his siblings died he would ensure that the right thing is done and any money is shared with the deceased family. The children are all adults now so there would be no need for a trust.

That’s good, Shivvy. Not needing trusts will hopefully help.

Also seek advice about how to handle the estate administration of the sole executor has died.

I am so sorry for your losses.

Original poster
Shivvy1 · 31/05/2023 08:48

Also some people have suggested moving this post to legal, how do I do that?
Thank you x

OP posts:
IndexBook · 31/05/2023 08:49

I'm so sorry for your losses.

My mum died when I was a young child and I inherited a couple of times when she was mentioned in a will (e.g. childless great aunt) that hadn't been updated for while (in both cases this was 15+ years after her death). Her part of the estate was split evenly between me and my brother in both cases (none to my dad) - I've always thought that was at least standard and tbh the correct legal thing to do (but I've never checked it out). I definitely think it is the correctly thing to do morally.

Wolbarker · 31/05/2023 08:51

It goes to your brother’s estate. Other brother can complain all he likes but that’s the law.

Have already been though the legal battle with my family and it resulted in the a long drawn out costly battle and a divided family.

TUCKINGFYP0 · 31/05/2023 08:51

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.

This.

If the will says that the money goes to the siblings then of course you and your sister get to decide what you do with your own shares. I think that morally you are right to want to share it with his children.

You can decide to give some of your share to your brothers Children but you can’t decide what your sister does.

If it’s a large sum of money Id give it to his children ( if they are old enough ) and not his widow or get it put in trust for them .

Talia99 · 31/05/2023 08:52

TUCKINGFYP0 · 31/05/2023 08:51

This.

If the will says that the money goes to the siblings then of course you and your sister get to decide what you do with your own shares. I think that morally you are right to want to share it with his children.

You can decide to give some of your share to your brothers Children but you can’t decide what your sister does.

If it’s a large sum of money Id give it to his children ( if they are old enough ) and not his widow or get it put in trust for them .

Show quote history

Still legally wrong - s.33 Wills Act

Talia99 · 31/05/2023 08:53

Wolbarker · 31/05/2023 08:51

It goes to your brother’s estate. Other brother can complain all he likes but that’s the law.

Have already been though the legal battle with my family and it resulted in the a long drawn out costly battle and a divided family.

Not to the estate (which would include a spouse), to his children (directly in place of their parent).