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Inheritance question...

105 replies

pinkfonie · 06/12/2023 09:09

My DH is stressing over this and I need a bit of perspective if anyone can help..

DH's grandparents have 2 sons, 1 is FIL and the other is my DH's uncle.

FIL is unwell and very sadly it looks like he will be outlived by his parents, or at least one of them.

The GPs estate is set to be split 50/50 between the 2 sons.

If FIL passes before this, will DH (and his sister) receive the 50% or will the full 100% go to their DUncle?

He doesn't want to bring it up in case it looks like he's desperate for the money but there will be a house and large amount of money involved so he's nervous of it being split unfairly.

Also, if he and his Dsis do receive the 50%, will their cousins have a right to complain because they've received nothing as it all went to their DF? Or is this just normal inheritance type issues!?

Thanks.

OP posts:
strawberry2017 · 06/12/2023 09:12

Think it depends what's in the will.
My parents told me that if I die then my share of their money would go to my kids.

Overthebow · 06/12/2023 09:15

Depends what is in the will. It would likely be that all goes to the uncle, if there’s no clause written in that if FIL does the money is to go to your DH and sister. If that is specified though, then your DH and sister will get the 50%.

Overthebow · 06/12/2023 09:16

If the money does go to DH and sister, the cousins will have no right to complain.

Sunseed · 06/12/2023 09:16

It will depend on the wording in the Will. Something along the lines of being shared equally between the two sons and, if that fails, their remoter issue, would mean that your FILs share would indeed be passed on down the line to your DH and his sister.

It might say something else. And GPs might choose to re-write their Wills at any time too.

hopeishere · 06/12/2023 09:19

Totally depends on the will.

caringcarer · 06/12/2023 09:25

hopeishere · 06/12/2023 09:19

Totally depends on the will.

This. I know my Mum had that if me or one of my sisters died before her, the sister who died share would be split equally between her DC.

Viviennemary · 06/12/2023 09:28

As others have said it will depend on the will. Usually if a beneficiary of the will predeceases the person who has made the will their share is passed down to their children.

Brumbies · 06/12/2023 09:29

Your DH needs clarification or do you?

These inheritance threads annoy me, no one has a right to receive anything in a Will. It could all be given to a charity, spent on care home fees, squandered on lavish holidays.

If I thought my kids, their partners were querying my Will I'd cut them out.

Fluffyunicorns · 06/12/2023 09:29

Depends on the will. Both my children have sadly lost their different fathers and this applied to them individually.
In one case my child inherited their fathers share and in the other their fathers share went to their uncle.
My will leaves to their children if either dies and to their sibling if they don't have children as I have seen the hurt being cut out causes.

rockingbird · 06/12/2023 09:36

You're going to have to have that conversation..that will be the only way of knowing. More common for it all to go to the remaining sibling than so the uncle could potentially end up with the lot. Either way if someone raised this with me about my son (who was potentially dying) I'd sure as hell make sure they got feck all. You make you own way in this world not wait to inherit someone else's hard graft when they hit the grave.

pinkfonie · 06/12/2023 09:37

Thanks everyone for clarifying. So I guess now DH needs to ask, without sounding cheeky, how can he do that!?

@Brumbies - I also want clarification to be perfectly honest. Hence why I've asked on here. Don't read the inheritance ones if they annoy you. But I'm sure you'd be asking too if something wasn't clear...?

OP posts:
RobinsInTheTree · 06/12/2023 10:08

Expect nothing. Be appreciative of anything.

ActDottie · 06/12/2023 10:08

Depends on the will. A good solicitor will have made them consider all situations. When my parents wrote their will they were asked where the money should go if both my parents died and me and my brother died eg in a car crash together kinda thing. They hadn’t thought about this at all! In the end I think they opted for a couple of charities.

Weenurse · 06/12/2023 10:10

I think PP was right to say expect nothing, then there will be no disappointment

ActDottie · 06/12/2023 10:11

pinkfonie · 06/12/2023 09:37

Thanks everyone for clarifying. So I guess now DH needs to ask, without sounding cheeky, how can he do that!?

@Brumbies - I also want clarification to be perfectly honest. Hence why I've asked on here. Don't read the inheritance ones if they annoy you. But I'm sure you'd be asking too if something wasn't clear...?

I think he can ask in a way that shows concern for you and your sibling so saying that he doesn’t want you to miss out because he’s died early. And just wanting this to be sorted before he dies. I think tbh it’s a fair question to ask in this situation and his parents would hopefully be understanding if they’re fair people.

HappyHamsters · 06/12/2023 10:11

It does depend on the Will if there is one. Can your dh speak with his dad to suggest a chat with grandad, don't ask directly about the Inheritance but ask if he needs any help with anything, is he comfortable, anything he needs to make life more comfortable, has he got any worries about the house. He may open up and ask for help getting his affairs in order, is granny still alive? If she is she may well inherit everything. Does he have a will and appointed Executors.

FiveShelties · 06/12/2023 10:22

So he is worried about a will which may or not benefit his father and then worrying about what happens to the money then.

I would be disgusted if my husband had been worrying about what happened to his grandparents money and as for being concerned about the result if his Dad died before the grandparents - well that is just bloody awful.

ColleenDonaghy · 06/12/2023 10:23

FiveShelties · 06/12/2023 10:22

So he is worried about a will which may or not benefit his father and then worrying about what happens to the money then.

I would be disgusted if my husband had been worrying about what happened to his grandparents money and as for being concerned about the result if his Dad died before the grandparents - well that is just bloody awful.

Yes but if I was dying and I thought my sibling would deprive my DC of the inheritance that would have been mine I'd be disgusted too.

BrimfulOfMash · 06/12/2023 10:25

Are the grandparents aware of FIL’s illness?

If so the best person to have that conversation with the grandparents is FIL.

He could raise it anyway. As in ‘As we all get older I am reviewing my Will to make sure it reflects my intentions and covers all eventualities. Are yours all watertight? Do they take account of what should happen if either DSis or I should pre-decease you? Are they best set up to address IHT?’

The grandparents have clearly discussed the Will at some point for FIL to know it is split between the siblings.

In our family Wills are about being matter of fact about the reality that we are all mortal and wanting to ensure that care fees etc notwithstanding, our wishes are carried out as we intend, fairly and without unintended exclusions etc.

It’s not about anyone being ‘grabby’.

FiveShelties · 06/12/2023 10:25

@ColleenDonaghy and that is your right. It just sounds awful to be worrying about inheritance from someone who is alive. But we all have different views.

Bells3032 · 06/12/2023 10:30

It will depend on how the will was written. usually it's written that it will go down to their children but not always. We had the same thing and it came down to us. Our grandfather (mother's father) wanted to write that my father would receive it instead but it would have had additional tax implications so we decided it would come to us and my father would have access to it

Onceponatime · 06/12/2023 10:35

My will says split between my children. If one predeceased me, their share will go to their children. If there are no grandchildren, the full amount goes to the living child.

StickyStickMick · 06/12/2023 10:39

rockingbird · 06/12/2023 09:36

You're going to have to have that conversation..that will be the only way of knowing. More common for it all to go to the remaining sibling than so the uncle could potentially end up with the lot. Either way if someone raised this with me about my son (who was potentially dying) I'd sure as hell make sure they got feck all. You make you own way in this world not wait to inherit someone else's hard graft when they hit the grave.

A huge amount of inherited wealth comes from property inflation rather than ‘hard graft’.

ButterCupPie · 06/12/2023 10:46

Brumbies · 06/12/2023 09:29

Your DH needs clarification or do you?

These inheritance threads annoy me, no one has a right to receive anything in a Will. It could all be given to a charity, spent on care home fees, squandered on lavish holidays.

If I thought my kids, their partners were querying my Will I'd cut them out.

Me too. How sharper than a serpent’s tooth is a grabby kid and their partner. Straight down to the solicitors.

ButterCupPie · 06/12/2023 10:47

Why is it that so many people spell 'will' with a capital 'W'?