Future Inheritance Will Be a Nightmare

[WishItWereSummer]

I’ve NC for this, and apologies in advance for the very long thread. I don’t want to drip feed so will include as much relevant information as possible, but I would like to be prepared for this event when it happens.

I have 2 DC who are young adults. I split from their father when they were 1 after years of physical and mental abuse (towards me not them), he was convicted on one occasion when I finally had the courage to go to court, and I had numerous non molestation orders with power of arrest attached.

Their paternal grandfather did the same to their paternal grandmother (which their father witnessed) and as a result he was brought up by his mum and had sporadic contact with dad over the years. His mum is an amazing woman, had a good job and worked hard to provide them both a safe and stable home – she’s a gentle soul. He however, has never left home (he’s 46), never had a proper job (part time doorman), has a drink/drug/and prescription drug problem, and has violent outbursts. Over the years he has caused untold damage to his mums house, completely disrespected her boundaries, never paid rent (despite being asked) and is generally very very unpredictable & abusive.

My DC have always had a great relationship with their DGM, and have seen/witnessed the majority of his behaviour. DGM has recently updated her will and told DC her wishes:

Her house (worth approx. 400k) – split between my DC only

Cash/assets – 30% to each DC and 40% to her son (their father)

It seems she has also stated that although the house belongs to DC, he can live there for as long he likes (lifetime interest). She has done this for a multitude of reasons as she doesn’t trust him and is scared of him. She also knows that he will blow any money he is left, on drugs (he was left 500k inheritance 15 years ago and spent it all on drugs/partying)

Now to my concerns:

I’m petrified of his reaction when he discovers he hasn’t been left the house. I can’t emphasise enough how little respect he has for anyone and anything – including his children and mother. I can say with 99% certainty he will erupt.
He has lived with his mother his entire life, completely dependant on her to house him. He has never paid a bill, genuinely, and as such I’m concerned he could challenge the will on this basis?
I’m also worried that he will do considerable damage to the property out of spite/temper and my DC would have no recourse to remove him from the property and/or get him to pay for the damage.
I guess I’d like to know how I can help the DC when this time comes, how can they be prepared for the absolute shit storm that’s going to come their way when DGM passes away?

Thanks wise ones.

Is not the alternative though that she gives the house directly to her son, he squanders the money on drink, drugs, etc as he has a track record of doing, and your DC get nothing? If she doesn’t leave him with housing, either through direct inheritance or a life interest, I expect he’d have a good reason to challenge the will, as she has provided him with housing for his entire life and could be classed as a dependent.

If your ex is that bad and your DC GM is very set on her decision I would be inclined to politely decline her inheritance offer and just explain the reasons why in the nicest way. No amount of Money is surely worth years of crap from a waste of space POS like that?

Without giving details, I’ve been in a similar situation. Beware the no win no fee solicitor who’ll argue coercion which is impossible to disprove. Barristers know the courts will reapportion, regardless of the terms of the will.
Your situation is even more complex. You both need further legal advice and a different plan.

He has lived with his mother his entire life, completely dependant on her to house him. He has never paid a bill, genuinely,

yet you chose this prince to father your children, twice.

and as such I’m concerned he could challenge the will on this basis?

No. He has no basis to challenge the Will described. When your children inherit the house in effect he will be a life tenant, paying no rent. He'll be responsible for his own council tax, heating bills etc but your DC will need to make sure their asset is insured and maintained.

I chose to continue a pregnancy that was forced upon me in a situation I had zero control over. DC are twins, and despite the circumstances in which they were created, they are amazing human beings and I wouldn't change them for the world. But thanks for the unnecessary comment nonetheless.

Clearly it’s a difficult relationship but I’m afraid you need to come to terms with the fact that your dc might not get their
hands on the property for many decades.

It's really not about the money or getting their hands on the property. They/I just don't want this situation to potentially cost them thousands over the next 20-30 years and have zero control over this.

Life tenants are usually responsible for keeping property in a good state of repair, paying utilities and insuring it.. It's essentially home ownership but they just can't sell, mortgage or transfer ownership

He has no basis to challenge the Will described.

Dependency
Coercion
Comparative financial status (OP’s)

I've been there, done that, got the t-shirt. I thought like you until it happened.

It would only cost them in terms of the house being worth less when he dies than it could have done with better care and attention. It's still an asset. Even just the land would be worth something.

I work in contentious probate and thi k he would definitely have a claim against his mother for maintenance as she has been supporting him all these years. I wouldn't want my children put in this position, it will be years of arguing and legal fees. The grandmother needs to get proper legal advice on this and explain the situation to her solicitor properly. I would suggest a trust fund for him managed by someone else with funds to buy a smaller property and smaller financial gifts to your kids.

It won’t cost them thousands. It is what it is when he finally dies. Whether he has to maintain it will depend on the terms of the will and whether he given a lifetime interest or a right of occupation

But every window he breaks, every door he smashes, every wall he punches a hole in - they are going to pay to have to have repaired right? He will punish them every single day for being left the house and not him.

Would you mind explaining the difference between the two please? I hadn't heard of the latter until you mentioned it.

Well they can pay if they want but normally it's the person with the life interest who pays and is supposed to keep it in a good state of repair

No, it isn’t there’s other than on paper until he dies. If he chooses to live in a hovel with broken windows that up to him. Stop thinking if it as theirs and then it’s easier to understand. Just think of it as going to him but he can’t sell it - then it will finally pass to them fully when he dies

Not necessarily. They won't be landlords so have no obligation to replace furniture and contents he wrecks, or repair holes he punches in the walls or interior doors, redecorate etc.

But it would be in DC's interest to repair broken windows or pipes, to prevent water damage to the structure.

If he's a heavy user of drugs /booze and has never shopped for/made his own food there's every chance his lifespan might not outlast his mothers, when he's living solo.

Was the £500k inheritance he got a typo?

Because I can’t see how he can claim dependency on his mother if he had £500k in the bank at one point.

The poor DC will have to deal with this shit - every day. When he smashes the house up. Maybe you should discuss this with the GM

@WishItWereSummer Why do you assume they’d have to repair a hole in the wall? In any event, they’re getting 30% each of their grandmother’s other assets, surely that will go some way to necessary repairs.

There is no ideal outcome here but at least this way the substantial value of the underlying asset is preserved for your DC.

In my late parents will
the person who had the lifetime interest trust was responsible for the upkeep and the bills

when DGM dies I think you also have to do a tax return form for the trust each year that the house is in the trust
I think you have two years to do this as the executor

You also need to get the deeds updated on the LR to reflect the ownership so that no one can sell the property

If he has a right of occupation he gets to live there. If he has a lifetime interest then he could for example rent it out and benefit from the proceeds

ok so you are thinking they will be his landlord?

That's not what it means.

He is, short version, the temporary owner. He just can't sell it. When he dies, he can't choose who gets it next.

Why would the dc have to pay? Let him live in his own horrible house. They would need to insure the house in case he was stupid enough to set fire to it but it will still be worth something eventually even just the land value.

Alternatively, could they just sell with resident in place? I’m sure I’ve seen houses sold like that. They wouldn’t get so much but they would be free of him then.

sorry