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Original poster

Inheritance question

48 replies

Deeplylemoncrazy · 04/04/2018 09:45

I have been the main carer for my DF for the last 10 years who has recently passed away. I lived with him and we owned the house equally (no mortgage). His will states that his half should be left equally between myself and my siblings. One of my siblings lives fairly locally and did help me to a certain degree while DF was alive, although not as much as I would have liked or expected. My other siblings live abroad and had no involvement in his care whatsoever.

During the years we have lived in the house I have made certain improvements in the form of new kitchen, heating and windows and my DF and myself paid for these equally.

Obviously I know that I will be entitled to my 50% that I own in my own name and an equal share of my DF's will but I'm wondering whether I should be entitled to more of it because of the money I have put into the house in order to improve its condition.

The house has increased by about 15% since we first bought it but I don't know how much of that is because of the improvements.

Obviously I will be consulting my solicitor but just wondered if anyone here has any knowledge or similar experience please?

OP posts:
Justanotherzombie · 04/04/2018 09:51

Dont do it OP. Your half of the property has also increased 15% so that’s a nice little ROI. Don’t start trying to grab more of your dads pot, especially considering you will have benefited from living and buying with your dad over the time. You’ve benefited from the improvements that your siblings share (ie your dad) made too as you say he paid half.

It’s basic maths. Your df paid half the house, half the improvements, you are only entitled to your equal share of his half with your siblings. You get the full of your own share so I don’t know why you think you’re entitled to more???

Families are ruined permanentally by your way of thinking.

bonnyshide · 04/04/2018 10:02

I think you benefited from buying with your DF, you only needed to pay half of the mortgage and improvements and lived in the house as well. The value has increased, which is good. I don't think it would've appropriate to try to get more of your fathers inheritance.

He wanted to leave all his children something, those were his wishes you cannot go against that.

ADarkandStormyKnight · 04/04/2018 10:03

Equally you are benefitting from money he spent on the house which he could have saved and which would have been split between all the siblings, and your siblings could argue that you've had years of splitting the bills with him which has saved you moneyin living costs. If you start down this line of argument it won't end well.

LanaorAna2 · 04/04/2018 10:04

Presumably DF only had assets to leave because your care, unpaid, prevented him going into expensive care?

Justanotherzombie · 04/04/2018 10:06

Lana, don’t poke the bear....

ILikeMyChickenFried · 04/04/2018 10:06

If you paid for half the house and half the improvements then you'd only be entitled to half the gain which you're already getting.

sunshinesupermum · 04/04/2018 10:07

Please leave this can of worms alone. No good will come of you wanting more. Seen families destroyed by this same thing.

YimminiYoudar · 04/04/2018 10:09

No you aren't entitled to more. The money that you put in for improvements was your fair share to contribute given that you own 50%. Your fair share of the subsequent increase in value us therefore already yours. You aren't entitled to any more than what is obvious from the basic maths. Don't be greedy or you will ruin your relationship with your siblings.

piercinggelo · 04/04/2018 10:09

How much rent did you pay?

DancingLedge · 04/04/2018 10:14

Firstly, you're mixing in with an inheritance question, who helped, and who didn't. Many of us are left with some emotions about this issue when an elderly parent dies. Best put aside, for everyone's sake. It's got nothing to do with inheritance. Nobody is entitled to more no way because they did more.

Secondly, agree with posters above. It's not reasonable.
Apart from whether it's reasonable, the facts are that the executors of a will have a legal duty to enact what's written in the will. Not what they wanted written, not what would be fairer. What's written.
Wills can be varied, if all beneficiaries agree. There's a legal cost involved. Which may eat up any benefit to you. And good luck with trying to negotiate with all the other beneficiaries that they will get less. The chances of that happening are vanishingly small.

RedDwarves · 04/04/2018 10:14

You'd have no family provision claim on that basis where I live, but I'm not versed in English law (where I'm assuming you are).

I have been through two will contestations in my own family. I can tell you now that the ones who contested did not come out looking good, nor did they gain anything, but rather pissed money from the estate up the wall because of all of the legal fees.

You will irreparably destroy any relationship with your family if you contest the will. And, as I've said, I highly doubt you have a legitimate basis on which to contest.

LanaorAna2 · 04/04/2018 10:16

OP, on MN anyone who queries inheritance is slammed as greedy/murderous/unfit for human society.

The tone of the responses doesn't reflect RL - luckily, as most of them will be abusive and full of spelling mistakes. And errors of law.

You must be very shocked and hurt that your devoted care for DF has resulted in being ignored in the will. What he's done is perfectly legal. Under UK law old people can do anything they like with their assets - in theory, great; problem is, they do.

Your best bet is to try and buy your siblings out at a reduced rate, pointing out they'd have got £0 if it hadn't been for you.

Did DF tell you he'd left you his half of the house as thanks for the care? Even if he did, lying about a will is perfectly legal too, even if the stakes are as high and measurable as this.

Brokenbiscuit · 04/04/2018 10:27

OP, caring for elderly parents is bloody hard work, and after ten years, you must be exhausted. However, you need to try to separate your feelings about the inheritance from your feelings about your father's care. Presumably, you did not become your dad's carer with any expectation or agreement about financial gain? He has chosen to share his assets equally between his children, and I think you have to respect that decision.

cathyandclare · 04/04/2018 10:30

Doesn't the right to the house depend on whether you and your father were joint tenants or tenants in common?

I think in a joint tenancy, the survivor takes over the tenancy when the other person dies. In tenancy in common, the dead person's share passes to their heirs.

I'm not a lawyer though, just remember this being an issue with a family member.

piercinggelo · 04/04/2018 10:34

Tenancy is for rental properties. The father and OP owned the house

auntyflonono · 04/04/2018 10:36

You need to find out if you are joint or tenants in common, as Cathy said.

piercinggelo · 04/04/2018 10:38

You need to find out if you are joint or tenants in common, as Cathy said.

They each OWNED half of the house.

Chasingsquirrels · 04/04/2018 10:39

piercinggelo
Joint Tenants or Tenants In Common ate legal terms referring to how property ownership is registered with the Land Registry, nothing to do with renting and everything to do with ownership.

MarmiteTermite · 04/04/2018 10:40

The point about joint tennants and tenants in common is a very good one and applies to ownership not rental.

Chasingsquirrels · 04/04/2018 10:40

ARE not "ate".

cathyandclare · 04/04/2018 10:41

@piercinggelo, confusingly the terms do refer to homeowners, not renters.

www.thisismoney.co.uk/money/news/article-1594984/Tenants-common.html

piercinggelo · 04/04/2018 10:42

The OP owns half the house. The OPDF own the other half.

piercinggelo · 04/04/2018 10:43

The OP already knows who owns it

piercinggelo · 04/04/2018 10:43

Sorry I thought pp meant rental as the OP already says who owns it

watfordmummy · 04/04/2018 10:44

Not sure if anyone else has said thus... but surely you should be entitled to your share - ie divided equally between your sibling and you- of your father's half.

Otherwise your siblings inherit from your father but you don't?