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Original poster

Inheriting nothing

42 replies

Awkwarddiscussion · 12/10/2023 19:57

If a person is named in a will as to receive a quarter of the deceased’s home, but not any of the money in the bank, what happens if the home is sold before the person dies?

person a is named as receiving all money in the bank, a quarter of the home. People b c and d have a quarter of the home left to them.

person a is pushing a dying relative to sell the home. There is not at present a need to sell (to pay for care). If the home is sold while the dying person lives and this becomes just money in the bank account, do person b c and d get nothing?

the dying person 100% would want people b c and d to inherit but is not well enough to alter a will.

for reference, I’m not any people a b c or d. I’m the sister of the dying person. But I’m concerned that my sisters wishes are not being respected by person a.

OP posts:
titchy · 12/10/2023 20:01

Is the person well enough to understand the implications of changing her will - in which case many solicitors will do home visits so she wouldn't need to do anything.

If she isn't then she isn't likely to be well enough to sell her house surely.

DisforDarkChocolate · 12/10/2023 20:02

It sounds like financial abuse to me. Does she have a social worker? Is she competent enough to sign the documents needed to sell a house? Does anyone have a power of attorney?

MidnightOnceMore · 12/10/2023 20:03

You could report the financial abuse?

Hibambinos · 12/10/2023 20:07

Raise with adult social care. You can’t agree to sale of house if you don’t have capacity

Original poster
Awkwarddiscussion · 12/10/2023 20:07

Person a has power of attorney. The dying person is considered to have capacity at the moment

OP posts:
prh47bridge · 12/10/2023 20:07

If the house is sold, the gifts in the will fail, so b, c and d get nothing. However, they may be able to make a claim since a is appears to be exercising undue influence in an attempt to undermine the will. Also, it sounds like they may have a claim that they have been promised an inheritance, but the will does not deliver on that promise. A's actions may also be abuse as others have said.

LIZS · 12/10/2023 20:10

If they have capacity they can change the will in anticipation of needing to sell for care costs.

Original poster
Awkwarddiscussion · 12/10/2023 20:12

They don’t need to sell for care costs. There is enough money in the bank to pay for two years care and a life expectancy of six months

OP posts:
MrsTerryPratchett · 12/10/2023 20:12

I'd chat to SS about suspected financial abuse. Might give person a pause.

NoSquirrels · 12/10/2023 20:20

If your sister has capacity then she could also have a will changed. Are you able to speak with her?

Sunplant · 12/10/2023 20:20

If the house is sold before the person dies then b, c and d will get nothing
A will get all the money in the bank. If she wants b, c and d to inherit anything she needs to change her will.

Original poster
Awkwarddiscussion · 12/10/2023 20:24

I’ll have to speak to her and let her know the implications for b c and d of selling her home at this stage.

b c and d are all children/very young adults and are unlikely to be aware of the inheritance plans. Actually though, I’m not certain whether a is aware of the contents of the will.

OP posts:
MrsTerryPratchett · 12/10/2023 20:26

Why is a pushing then?

strawberry2017 · 12/10/2023 20:27

I would see if there's some sort of injunction that can be in place to stop this or to have the persons POA status revoked. It sounds like they are not acting in her best interests only their interests

applesandmares · 12/10/2023 20:27

Sorry to hear that your sister isn't well. It's a shame you're having to worry about this!

My understanding is that if the house is sold, person(s) b, c & d won't inherit.

Is your sister living in the home, or is she in a care facility? It doesn't make much sense to hold onto the home if she isn't in it. Person a) might well be thinking that it's easier to sort the sale now while your sister is alive, rather than going through probate and selling the home while grieving (and I'd agree!)

If they have capacity at the moment then ensure that they know the implications of a sale on their will, such that they can change it at the same time.

Original poster
Awkwarddiscussion · 12/10/2023 20:29

I’m not really sure why a is pushing for a sale. He appears to be outwardly taking a pragmatic approach. My sister is in residential care that she can afford to finance for the duration of what is expected to be a very short rest of life. Even if she lived double what the doctors are estimating she has left, she would have money left over

OP posts:
Missingmyusername · 12/10/2023 20:30

Isn’t there a 7 year rule whereby you have to live for 7 years or be expected to do so….
Why push relative to sell, I don’t really understand.

I am very sorry about your sister.

NoSquirrels · 12/10/2023 20:33

Do you have any reason to suspect that A is likely to push for things to their advantage or want to deliberately disinherit the other young adults? Is there a generation difference, or the relationships are strained (step siblings?) How are they all related to you - do you have an interest in ensuring b, c & d inherit? No need to answer but it might inform how you approach it.

Original poster
Awkwarddiscussion · 12/10/2023 20:34

Missingmyusername · 12/10/2023 20:30

Isn’t there a 7 year rule whereby you have to live for 7 years or be expected to do so….
Why push relative to sell, I don’t really understand.

I am very sorry about your sister.

I think that’s to avoid inheritance tax. I don’t think the estate is worth enough to have any inheritance tax.

the money from the sold house would sit in my sister bank account and her will sats for all money in her bank to go to person a.

I’m not sure why he’s pushing her to sell , but it’s possible that he knows that he gets more inheritance if the home is effectively turned into cash in her account as b c and d don’t get any cash. They get a quarter of the house but if the house is no longer hers at the time of death, it appears that b c and d’s inheritance becomes null and void. They can’t inherit a wuarter of a home the deceased no longer owned, can they?

OP posts:
caringcarer · 12/10/2023 20:37

Your sister can have a home visit to amend her will if she wishes it.

Original poster
Awkwarddiscussion · 12/10/2023 20:41

NoSquirrels · 12/10/2023 20:33

Do you have any reason to suspect that A is likely to push for things to their advantage or want to deliberately disinherit the other young adults? Is there a generation difference, or the relationships are strained (step siblings?) How are they all related to you - do you have an interest in ensuring b, c & d inherit? No need to answer but it might inform how you approach it.

A is my nephew. My sisters only surviving child. He is the father to b and c. D is my sisters other son,s (who died ten years ago) daughter so b c and d are all my sisters grand babies. There are no arguments or anything. A is not wealthy but doing okay. B c and d are young adults and teenagers.

I’m not a beneficiary of the will at all. I get on well with a b c and d and have no vested interests other than knowing my sister gets what she likes.

OP posts:
PosterBoy · 12/10/2023 20:45

How is she well enough to sell a house but not to write a will?

applesandmares · 12/10/2023 20:46

Can anyone explain the benefit to the OP's sister of retaining her house when she isn't living in it and won't be returning to it? It might be costing her, it may need maintenance etc. The benefits of selling it are that it will no longer be a financial burden to her, and it benefits her executors too who won't have to deal with the probate/sale.

I don't think it's fair to suggest a) should be removed as POA or that a) isn't acting in her best interests as some pp's have said. I suppose I just can't see how a sale would be contrary to her best interests and probably will benefit her financially.

It sounds as though OP's sister has a special relationship with a) which is why they are inheriting significantly more than the others. It also speaks volumes that they are who she chose as her POA.

PosterBoy · 12/10/2023 20:47

If she has capacity and plenty of money then a new will sounds in order - one that splits everything might be better - either two ways (her children or their offspring if deceased) or four ways if she prefers

The house sale might be for practical reasons - no upkeep required then

Gasp0deTheW0nderD0g · 12/10/2023 20:50

applesandmares · 12/10/2023 20:46

Can anyone explain the benefit to the OP's sister of retaining her house when she isn't living in it and won't be returning to it? It might be costing her, it may need maintenance etc. The benefits of selling it are that it will no longer be a financial burden to her, and it benefits her executors too who won't have to deal with the probate/sale.

I don't think it's fair to suggest a) should be removed as POA or that a) isn't acting in her best interests as some pp's have said. I suppose I just can't see how a sale would be contrary to her best interests and probably will benefit her financially.

It sounds as though OP's sister has a special relationship with a) which is why they are inheriting significantly more than the others. It also speaks volumes that they are who she chose as her POA.

Per OP's last post, A is an adult and B, C and D are all either minors or very young adults. That is presumably why A has the PoA.