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

58 replies

Illjusthavethebreadsticks · 21/04/2026 16:38

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 ??

OP posts:
caringcarer · 26/04/2026 22:17

He should get exactly what the will stipulated he gets.

LoremIpsumCici · 26/04/2026 22:20

Illjusthavethebreadsticks · 21/04/2026 16:54

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%.

Because he was the executor, he is allowed to reimburse his costs to himself for managing the estate and liquidating the assets after death. So yes, the admin stuff and selling property as the executor are reimbursable from the estate. After all debts including the executor’s costs, the split in the will is of what is left.

2ndcarowner · 26/04/2026 22:36

LoremIpsumCici · 26/04/2026 22:20

Because he was the executor, he is allowed to reimburse his costs to himself for managing the estate and liquidating the assets after death. So yes, the admin stuff and selling property as the executor are reimbursable from the estate. After all debts including the executor’s costs, the split in the will is of what is left.

Edited

He can’t charge for his own time carrying out executor duties though, unless he’s a professional executor as it’s regulated work.

LoremIpsumCici · 26/04/2026 22:43

2ndcarowner · 26/04/2026 22:36

He can’t charge for his own time carrying out executor duties though, unless he’s a professional executor as it’s regulated work.

Correct, thank you for chiming in.
https://www.thegazette.co.uk/wills-and-probate/content/104275

Executors' costs in the administration of estates |...

Laura Abbott (Principal Associate) and Phoebe Zair (Paralegal) at Rothley Law examine the cases of Brealey v Shepherd & Co and Kenig v Thomson Sne...

https://www.thegazette.co.uk/wills-and-probate/content/104275

saraclara · 26/04/2026 23:09

He shouldn't be asking for it, and he's not entitled to it. But in a similar situation I'm about to give my sibling some of what I've gained after my mother's death. Partly because he needs it more, and partly because as he was local to her and I was a safe distance away, he had to do a lot more for her than I did. She was a very difficult person, who I escaped, but he didn't. He visited her every week, I saw her when I had to. In fairness to me, I did all the admin stuff. But still, I thought it was only fair to share my pot.

Selling a parents house is a lot of work. Did he have to clear it too? And taking time off to take her to hospital appointments etc? Those things really aren't small things.

So yes, it's extremely cheeky of him to demand it and bill his brother. But I can see how he feels that the workload wasn't fair.

sesquipedalian · 26/04/2026 23:28

“His argument is that he has 4 kids and we only have 1.”

This is supremely irrelevant. If DM was in a home, then I can’t see that he has a leg to stand on, and after six years, even less so. If the will stipulates fifty fifty, so be it.

Ohnobackagain · 27/04/2026 00:33

The executor does what the Will says; whether he likes what it says is irrelevant. Parents obviously decided on 50:50 @Illjusthavethebreadsticks

Likeabirdjoyfully · 27/04/2026 05:56

The executor has to do what the will says OP.
A beneficiary can sign a deed if variation to pass an inheritance to someone else, but nobody can demand someone else's share.
Perhaps you should get legal advice.

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