Can someone claim money from a will for caring for parents ?

[Illjusthavethebreadsticks]

After a wrangle with his brother about his inheritance my partner has now been offered 50% which is what was stated in the will. His brother is now demanding £36k for the six years he spent looking after their parents unpaid. Can he do this ??

Only in his imagination!

That would seem fair to be paid if he was the only one caring I would have thought? Why did only one brother do all the caring?

No.

Why has there been a wrangle and an offer of 50% of the will was clear?>

This 👆

£6k a year seems quite low in return for care? It depends what care what is involved

Half this story is missing.

Why would he expect to be paid retrospectively? He should have either claimed carer's allowance or got his parents to pay, or asked his parents to leave him a bigger share of their estate. Why wait until now to ask for it?

Also this is the legal forum, not the 'what I think would be fair' forum. The will states how the assets are to be divided. The end.

I don’t know why not. I’m just going morally based on the op.

Why did one sibling do all the caring? Did they give up work/work part time/ reduce pension contributions and financially disadvantage themselves in order to do the caring? Was the alternative a care home which would have cost the inheritance anyway?
I don’t think legally they have any claim to be paid, but morally it would be fair to see them right if they have financially lost out, or single handed preserved to the value of the inheritance by doing all the care.

No.

even if he had spend 6 years caring for the deceased- the arrangement was between them and any payment should have been arranged.

if he didn’t want to care “unpaid”, he should have spoke with the parent and sorted some sort of recompense.

if you volunteered for six years, say in a charity shop, you then can’t turn round and demand 6 years worth of pay.

if the parent had wanted them to have more money to acknowledge the care given, they should have made an amendment to the will, or at least told the other brother that was their wish.

It’s just his mum as dad died over six years ago.their mum was in a very expensive care home for the last six years but he thinks he entitled to something for hospital appointments, admin stuff, selling their property etc. the real issue is they can’t stand each other and he’s fuming that my partner is entitled to 50%.

He gets whats left to him in the will.
If he has evidence the estate owes him money then he can provide that.

I want it ... is not evidence.

I think it would be the decent thing for your partner to do, to recompense him for all he did.

Are you sure the real issue is not that he did everything and your husband did nothing?

Law aside, does your husband think his brother deserves a larger share in recognition of all he did?

@Error404FucksNotFoundno his brother has always been unpleasant long before all this. His argument is that he has 4 kids and we only have 1. My partner is looking to get himself a modest studio flat with his share. His brother has been helped a great deal over the years by his parents to buy properties etc.

Well, the law is the law and legally the will says he's entitled to 50%. No his brother can't change that because he fees its not fair. He can only challenge it with evidence that money is owed to him, like any other debt the estate must pay before the rest is paid to beneficiaries

A Will is a legal document. You don't get to 'wrangle' a Will. There's really no discussion to be had and, frankly, who monetises a few bits of admin done for an elderly parent after the event. Pretty disgraceful in my opinion.

The person being cared for applies for and gets carer’s allowance.

Who is the executor of the Will ? Whoever it is must execute it as it is as per the law, and as it is written.
If money for ‘caring’ is not set out within it then no.

Ars they getting 50% each and the brother wants another 36k from your partners share, did ge ever claim carers allowance, did he have poa and claimed expenses, did his parents give him money.

No they don’t. They get attendance allowance.

the carer applies for and gets carer’s allowance.

Are both his parents dead? It’s not clear. If they are, whatever the will says is what happens. Who is the executor? They can’t change the terms of the will on a whim.

Yes they are his brother is the executor

No, will terms can’t be changed based on what he thinks is fair