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Original poster

Can I decline this gift in will?

60 replies

NewQpt · 27/04/2025 12:10

My dad had a will written about 3 years ago where all his assets (family home, cash and pension) went to my mum upon his death. He passed away 18 months ago.

When my mum passes away, the will states everything is to be shared equally between myself and my two siblings.

For personal reasons, I may decide to decline interest in the family house part of the gift but happy to receive my share of everything else. Will I simply be able to disclaim it at the time of my mum's death even though the will was written over two years ago?

Thank you

OP posts:
Tryingtokeepgoing · 27/04/2025 12:13

If all of the beneficiaries are in agreement I think a simple Deed of Variation will let you do what you want to do.

Thelondonone · 27/04/2025 12:13

Why? It just creates extra work. Without the back story it’s difficult to give advice on a deed of variation.

Original poster
NewQpt · 27/04/2025 12:22

I understand you can either disclaim a gift or prepare a deed of variation. I'd prefer doing the former after our mum passes away but unsure about the 2 year thing. Basically I don't want interest in the house.

OP posts:
Changingplace · 27/04/2025 12:26

What will happen to the family house? Can’t it be sold & the money distributed or are you declining because there will be an expectation to keep the house and maintain between you and your siblings?

My dads will is similar but states all property is to be sold and money distributed, so there’s no questions over anyone wanting to keep the house.

BeNiceWhenItsFinished · 27/04/2025 12:29

What usually happens is that the house is sold and the proceeds added to the estate. Once final bills are settled, the value of the estate is then distributed among the beneficiaries.

Original poster
NewQpt · 27/04/2025 12:32

Changingplace · 27/04/2025 12:26

What will happen to the family house? Can’t it be sold & the money distributed or are you declining because there will be an expectation to keep the house and maintain between you and your siblings?

My dads will is similar but states all property is to be sold and money distributed, so there’s no questions over anyone wanting to keep the house.

Edited

The latter. Our parents don't want it to be sold but that doesn't work for me so I'd rather decline and pass my share to the siblings.

OP posts:
BeNiceWhenItsFinished · 27/04/2025 12:33

Tryingtokeepgoing · 27/04/2025 12:13

If all of the beneficiaries are in agreement I think a simple Deed of Variation will let you do what you want to do.

The other beneficiaries have no say.

The executor(s) are responsible for distributing the estate and if a beneficiary says they don't want to inherit some or all of it, then the executor(s) take that into consideration. Sometimes, the help of a solicitor is best, to advise on legal matters.

Hercisback1 · 27/04/2025 12:34

You can pass your share to a sibling once you own it. Why not do that?

MounjaroMounjaro · 27/04/2025 12:34

Oh don't do that! What if you do do it and then they immediately sell? Your parents can't tell you not to sell the house after they've died - that would be very unfair. I would just say, "We'll have to do what's best" and avoid talking about it.

There will be far more incentive for your siblings to sell up if they're going to get 50% each.

Anewdawnanewname · 27/04/2025 12:35

Do the parents not want it to sell because one of the siblings will need to live in it? You’d surely be able to hand over your share to them if that’s the case.

Original poster
NewQpt · 27/04/2025 12:37

MounjaroMounjaro · 27/04/2025 12:34

Oh don't do that! What if you do do it and then they immediately sell? Your parents can't tell you not to sell the house after they've died - that would be very unfair. I would just say, "We'll have to do what's best" and avoid talking about it.

There will be far more incentive for your siblings to sell up if they're going to get 50% each.

The problem with this is one of my siblings still lives there and may or may not carry on living there. I don't want to be potentially financially responsible for someone else.

Me and my other sibling own our own homes elsewhere.

OP posts:
Hastentoadd · 27/04/2025 12:38

NewQpt · 27/04/2025 12:32

The latter. Our parents don't want it to be sold but that doesn't work for me so I'd rather decline and pass my share to the siblings.

Show quote history

And what if your siblings decide to do the same
You don’t seem to want the responsibility of maintaining a house that is not to be sold as you see it as a potential drain on your resources, they might think the same

Can you discuss this with your siblings?

notapizzaeater · 27/04/2025 12:39

Do you claim any benefits ? As this would be a deprivation of assets and you’d be penalised for it.

could you sibling not buy your share out ?

AndImBrit · 27/04/2025 12:40

Hastentoadd · 27/04/2025 12:38

And what if your siblings decide to do the same
You don’t seem to want the responsibility of maintaining a house that is not to be sold as you see it as a potential drain on your resources, they might think the same

Can you discuss this with your siblings?

Show quote history

Then it would likely go to the Crown. But presumably before that happened they’d all decide just to sell it?

Hastentoadd · 27/04/2025 12:44

AndImBrit · 27/04/2025 12:40

Then it would likely go to the Crown. But presumably before that happened they’d all decide just to sell it?

Show quote history

Well, yes exactly…..that was my point

Waterlooville · 27/04/2025 12:44

Are your parents trying to force you to look after a sibling? I can see why you'd not want to be responsible for upkeep, bills etc for an asset you can't benefit from or would cause breakdown of relationships.

BeaLola · 27/04/2025 12:45

Is it possible that the sibling who lives there received the house as their "share" and you and your other sibling (assuming they don't want house) get the rest divided equally ?

Lookingtomakechanges · 27/04/2025 12:46

NewQpt · 27/04/2025 12:32

The latter. Our parents don't want it to be sold but that doesn't work for me so I'd rather decline and pass my share to the siblings.

Show quote history

I don't think that your parents can decree what happens to the house after you've inherited it unless they've tied it up in some kind of trust.
If they've told you this much, you can ask them for a copy of the wording of the will and get legal advice on your position.
Like you I would not want to have responsibility for maintaining a house that a sibling could live in indefinitely so I would want to know how to get out of it. But that may not be the case here. Your parents may have simply requested that you let her live there for as long as she wants, in which case you can force a sale of the house when it suits you.

Lookingtomakechanges · 27/04/2025 12:51

BeaLola · 27/04/2025 12:45

Is it possible that the sibling who lives there received the house as their "share" and you and your other sibling (assuming they don't want house) get the rest divided equally ?

That would be much more comfortable even if you ended up with less money.
Or maybe your sib could get the house plus a small percentage of other assets (assuming there are any!). You could tell your parents that you will help her claim benefits or get lodgers or whatever else is needed to help her continue there, if she has some MH or emotional problem. Helping a sibling is fine, being made responsible for someone who isn't great at self care, is not.

godmum56 · 27/04/2025 12:52

not clear.....is the will you are talking about the will of your father who has just passed or the will of your mother who is still alive? If its your Mum's will you are talking about then surely you need to speak to her assuming she is competent? If its your fathers's will then unless he has put the house in trust, or only given it to your Mum for her lifetime AND owned all of it, then your Mum can do what she likes, and indeed may decide to sell the house or may need it for care.

lljkk · 27/04/2025 13:04

You need to ask your siblings who don't live in the house about what they expect to do. Will the sibling in the house be able to maintain the property after Mum's death?

Basically my dad is in the position with one of his siblings that OP is trying to avoid getting into, of seeming to evict his own sister from her home because she can't maintain it and all the siblings are supposed to inherit the value of the home... so I completely understand... I think you need to talk to your siblings first and probably a probate lawyer.

Original poster
NewQpt · 27/04/2025 13:53

It's my dad's will and all this assumes my mum doesn't need to sell it for her own care in future.

I think the sibling who lives there will most probably want to continue doing so especially as it's morgtage free. We wouldn't evict her either. She's not the easiest person to get on with so owning a house together wouldn't work.

Is there a time limit from our dad's death in order to decline? Or can I do it upon mum's passing which could be years.

OP posts:
Hastentoadd · 27/04/2025 13:56

NewQpt · 27/04/2025 13:53

It's my dad's will and all this assumes my mum doesn't need to sell it for her own care in future.

I think the sibling who lives there will most probably want to continue doing so especially as it's morgtage free. We wouldn't evict her either. She's not the easiest person to get on with so owning a house together wouldn't work.

Is there a time limit from our dad's death in order to decline? Or can I do it upon mum's passing which could be years.

Do it on your mums passing as the situation could have changed by then….

godmum56 · 27/04/2025 14:14

NewQpt · 27/04/2025 13:53

It's my dad's will and all this assumes my mum doesn't need to sell it for her own care in future.

I think the sibling who lives there will most probably want to continue doing so especially as it's morgtage free. We wouldn't evict her either. She's not the easiest person to get on with so owning a house together wouldn't work.

Is there a time limit from our dad's death in order to decline? Or can I do it upon mum's passing which could be years.

I don't think you can "officially" decline something that hasn't happened.....I mean what would be the point? If you actually do want to take an action now, then TALK TO YOUR MOTHER. You have made a load of assumptions though....that your mother won't eg move into a flat with no room for your sibling...that your sibling may move out....that we will have global nuclear war and neither you nor the flat will exist.... Your father's death and subsequent will distribution has happened, his wishes no longer matter. Its what your MUM decides to do now.

LaurieFairyCake · 27/04/2025 15:46

So you and your sibling have decided to gift your sister the house

clearly being an awkward arse pays Flowers