Ainu inheritance

[Shivvy1]

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.

The will states the house should be sold and shared equally between her children. It does not say what should happen if one of them were to die before her. She didn't get a chance to change her will following the death of my brother, but knowing her I think she would want my brothers children to inherit, but as this has not been specified I am going to seek legal advice on the matter before discussing with my DS.

Many thanks

They just think the inheritance should be shared with me and them and basically tough luck that our DB died and his children don't receive anything.

She sounds like a delight. Does brother have a similar estate worth or more and so the family may not need the money from your mums estate?

I think that legally your brother's share is divided between his children. That seems to be to be the moral thing to do as well. It seems sad that your other sibling wants to financially benefit from her own brother's death. If the children are under 18 their share would go in trust until they attained their majority. Your brother's share of his mother's inheritance could also be divided to include his wife as well as his children. That could be a real comfort to her at this very sad time. Not just the financial help which could be really needed, especially after a sudden death, but the knowledge that her husband's family really care about her. Sorry for your terrible double loss op. 💐

Since the Wills Act that covers this point is nearly 200 years old, it seems human greed doesn’t change.

I’d suggest getting specialist legal advice (wills and probate experts) not just a random high street solicitor.

Hopefully if the will is straightforward and your sibling backs down, it shouldn’t cost more than a couple of hundred pounds.

If the will is ambiguous or your sibling decides to take the matter to court, this is likely to be a lot more expensive.

Whatever happens, nothing is due to the widow - brother's share would go straight to his children.

The brother's children might decide to help their mother out, either informally or by a Deed of Variation, but that's entirely their choice.

Ditto the OP and her sister might decide to help the widow out from their shares if they knew she was struggling, but they have no legal obligation to do so.

You need legal advice.
From what you have described it sounds like your mother's will stated that her estate was to be split between her children. If there was no additional statement about what should happen in the event of someone's death or any mention of the grandchildren then your brother dying 6 weeks before your mother would mean his family sadly miss out.
My will states that in the event of my death, the children of the beneficiaries inherit if the beneficiaries die before me.

Morally though, the right thing to do would be to split the money three ways so that the three families of your mother's children inherit - you, your brother's family and sibling's family.

Get legal advice and see what the possibilities are.

It should go to your brothers children. I would be horrified if my sisters divided it up between themselves.

I hope the will specifies to the children if one of the siblings is deceased, ours does (different legal jurisdiction). If it doesn’t, morally I’d give 1/3 to the brothers family , possibly half if I didn’t need it. And make sure the family knew I’d done this and my sibling not, unless there’s some story that makes the siblings position understandable (still not fair) like the money is life changing for them because they can make their house accessible for their disability.

Why do people keep saying this? If the will doesn’t say anything, under the Wills Act s.33, DB’s children get their father’s share.

It’s only if the will does specifically disinherit them that they don’t get anything.

As the will doesn't specify what happens if one of her children dies before her, his share goes to his children. Your sibling's view is irrelevant. This is what the law requires.

It would definitely be the right thing to make sure your brothers children get his share. Any thing else would be wrong. I am shocked at your sibling not wanting them to get their share unless there is a backstory.

Your sister is about to be disappointed.

Under s33 of the Wills Act 1837 then, unless the will says anything to the contrary, the children of the deceased beneficiary shall inherit their parent's share.

https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/33

Thank you for clarifying this @Talia99

I'm now pretty sure, as you said, that there must've been something in my great aunt's will to allow me and my brother to inherit my mum's share. I know a solicitor was appointed as executor. I've just ordered a copy of the will.

Also, yes, I inherited from my nan under s.33 of the Wills Act* *(or she changed her will after my mum died - I can't remember now). I've order a copy of her will too to see which it was. I know I had paper copies of both these wills but I guess I shredded them...

on what grounds does your surviving sibling disagree?

Greed.

Hopefully the lawyer will set your sister straight, OP.