Inheritance q

[Lochroy]

I expect the answer will that I need to see the detail of documents I don't currently have access to, but I'll ask anyway!

DF and DM owned their house at tenants in common. When DF died, his half was left equally to DB and me. I think in a trust. Basically in a way which allows DM to stay.

My own will states that everything of mine is to pass to DH, or if he predeceases me, then DC (in trust until they are 25).

What happens to my quarter value of DM's house if I die before she does? Is it already 'mine' such that it would follow the stipulations of my will, or would it be subject to something in DF's will?

I think it passes to your husband, doesn’t it?

It would go to either your brother or possibly to your children depending on how the will is written.

I'm a beneficiary in my DM's will which states my share would go to my DC if I die before her. Otherwise I presume my siblings would share my inheritance between them.

It already belongs to you, and you can Will it to whoever you please. You should check you’re listed as a co-owner in the Land Registry.

Yeah, you need to see the will to be sure. It may be that your DF stipulated a 50/50 split with you and your DB, but that if one of you pre-deceases your DM then their 50% passes to the other sibling. If he hasn't made such a stipulation then the 50% should go to your DH, as you became beneficiary on the death of your DF, and your DM just has rights to continue living there.

I expect the answer will that I need to see the detail of documents I don't currently have access to

Pretty much, yes.

Assume you're talking about a life interest trust?

In which case, the half share of the house is in a trust with you and your sibling as beneficiaries, so it would depend if the trust has contingent beneficiaries or not.

You can’t generally make provision in your Will for your belongings to be inherited by someone, then if they die AFTER they have inherited it (ie after you have already died), for it to go to someone else you define! (Entails excepted of course)

OP, in your case, once your father died, his Will left you a quarter of the parental home - that now belongs to you. You can leave it to your husband, your kids or the local dogs’ home if you choose. Your mum and brother don’t get a say and would only have a chance of inheriting if you died intestate AND had no husband or kids, or of course if you will it to them.

Yes, it is a life interest trust and

Sorry, posted too soon.

Yes, it is a life interest trust and when we were dealing with DF's estate we did have to do some paperwork for the land registry. I can't recall the details but it was something to do with the property registration.

DM and I have had a falling out and I'm expecting she will disinherit me from her will. I'm fully bought into the mn mantra that one can't expect an inheritance, but given DF has been dead for a decade, I have assumed that quarter value from him in our long term financial planning. Given recent developments with DM, I trying to work out if it's safe to continue to assume that, particularly in the event of my death and how DC would be provided for.

Does your DM’s will state what will happen if you predecease her. That’s would commonly be in a will. And if so then what is in your will is irrelevant.

I can't remember exactly, but yes it does.

I'm not concerned about her half of the house/ my potential other quarter, if for no other reason than it could be nil by the time she dies (thinking of the potential for care fees).

Why do people weigh in when they clearly don't know the law?

From the OP, it sounds like her father left a life interest to her mother with it passing to OP and her brother when she dies. If that is the setup, OP does not own one quarter of the house and she should not be listed as a co-owner at the Land Registry. Half the house is owned by a trust with OP and her brother as the ultimate beneficiaries.

If OP dies before her mother, her share would form part of her estate and would be distributed in accordance with her will unless her father's will covers this particular situation and specifies otherwise.

@prh47bridge Thanks very much, that's sounds right.

So the land registry paperwork would most likely have been registering the trust as the owner.

I can't recall what/if DF's will said about me predeceasing DM. I'm sure it would have said something.

Key q - given the trust is now set up and 'in place' (sorry not sure how to phrase it), can DM change that? I'm assuming not given it was created from DF's will.

So either the trust assets (house value) will either ultimately be distributed according to my will if I'm no longer around, or DF's will, if there's something in it about the event of my death?

given the trust is now set up and 'in place' (sorry not sure how to phrase it), can DM change that

She can only change it if you and your brother consent to the change.

So either the trust assets (house value) will either ultimately be distributed according to my will if I'm no longer around, or DF's will, if there's something in it about the event of my death?

Correct. Most wills using a life interest trust to leave assets to the deceased's children don't say anything about what happens if one of the children predeceases the surviving spouse, but you should check if you want to know for sure.

@prh47bridge Thank you. The most urgent thing is to know she can change it. I will now try and see how I can find a copy of DF's will, but that will take longer.

You can search for probate and wills online www.gov.uk/search-will-probate