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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:
IggyAce · 06/12/2023 10:56

Will depend on the will, my grandfather has a clause that if his children pass their share is shared between their children (his grandchildren). This is because my uncle passed about 5 years ago and more recently my mum has passed.

HappyHamsters · 06/12/2023 10:58

Grandad hasn't died yet, he may need care, nana may need care, there may not be any inheritance, nana may inherit. Its a bit crass for grandchildren to be worrying at this stage the important thing atm should be to support unwell fil really.

NoSquirrels · 06/12/2023 11:10

Your DH should ask his dad about his own will, and whether he knows about his parents’ will.

That wouldn’t be a terribly controversial conversation in my family - everyone was always pretty open about wills, legacies etc. My parents told me how theirs was structured, and I know they knew how their own parents’ wills were structured too.

I appreciate it’s hard if FIL is unwell, but depending on the person he might want to discuss this stuff - my mum did. She found some comfort in the practical aspect, probably because it’s a thing to control, whereas the actual illness and emotional repercussions were out of her control.

madaboutmad · 06/12/2023 13:50

It is usual for the money to divert down to their children. Unusual for anything else to be stipulated

madaboutmad · 06/12/2023 13:52

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.

Inaccurate. Much more common for it to pass to their children. This is likely to be the default position, not what you desribe.

CurlsnSunshinetime4tea · 06/12/2023 13:55

OP have you not done you/your husbands will? Because if you had your lawyer or notary public would have explained this very clearly.

Kim066 · 06/12/2023 14:14

He's stressing about this - I'm sorry but I think that's really grabby. His grandparent is facing losing his son and no parent wants to outlive a child. It would be utterly crass and inappropriate to raise this.

Regardless of what is in the will the grandparents may choose to rewrite the will after they lose their son and it is entirely up to them who they choose to leave their money to.

pinkfonie · 07/12/2023 09:02

Thanks everyone for the replies, those who think me/DH are grabby clearly have no grasp of the idea that if 100% went to his DUncle then that would be totally unfair, I'm guessing you've never been in that situation but hopefully this thread has taught you something?

OP posts:
fitforflight · 07/12/2023 09:15

pinkfonie · 07/12/2023 09:02

Thanks everyone for the replies, those who think me/DH are grabby clearly have no grasp of the idea that if 100% went to his DUncle then that would be totally unfair, I'm guessing you've never been in that situation but hopefully this thread has taught you something?

You still sound grabby though, I can't believe you don't see it. This is a grandparents' inheritance, it's absolutely fair if he wanted to leave everything to his children and ignore grandchildren completely. Alternatively if FIL wasn't ill and received his full share there's absolutely nothing to say there'd even be any left for your DH after care fees or FIL simply deciding to spend it all, or give it to charity. Nobody is owed an inheritance, certainly not from two generations away.

ButterCupPie · 07/12/2023 09:19

Why would anyone write 'Dunkle' instead of 'uncle'?

Radyward · 07/12/2023 09:20

Are you sure of the will ie defo 50/50
Your DH is going to look totally money hungry if he asks and if i was the GP id be mightily annoyed. His Dad is dying and he is thinking of what might not come to him. . The optics are shocking. Say nothing at all and hope it pans out as 50/50. If it doesnt it doesnt. Eyes on the prize is not a good look at all and will totally alienate his grand parents

WowOK · 07/12/2023 09:20

It will go to whomever the will says it will go to. The grandparents can assign the money as they choose. They could give every penny to charity.

My parents have it in their will that the assets are to be split 3 ways and if on sibling dies their 1/3 is to go to their children.

ButterCupPie · 07/12/2023 09:21

fitforflight · 07/12/2023 09:15

You still sound grabby though, I can't believe you don't see it. This is a grandparents' inheritance, it's absolutely fair if he wanted to leave everything to his children and ignore grandchildren completely. Alternatively if FIL wasn't ill and received his full share there's absolutely nothing to say there'd even be any left for your DH after care fees or FIL simply deciding to spend it all, or give it to charity. Nobody is owed an inheritance, certainly not from two generations away.

Absolutely. Threads like this make me sick. Grab grab grab. And they can't even see how tacky it is when it is pointed out to them.

FiveShelties · 07/12/2023 09:21

pinkfonie · 07/12/2023 09:02

Thanks everyone for the replies, those who think me/DH are grabby clearly have no grasp of the idea that if 100% went to his DUncle then that would be totally unfair, I'm guessing you've never been in that situation but hopefully this thread has taught you something?

I have learnt from this thread that worrying about an inheritance which means not only grandparents have to die but parents also have to die is unbelievably tacky.

NotEvenThought · 07/12/2023 09:25

It isn't tacky or grabby to talk about wills. People that say they wouldn't want to know if they are potentially going to inherit what could be a large amount of money are probably lying!

I would have thought it normal for the money to be split and the FILs share go straight to his children. I'm not a will writer though!

DiaNaranja · 07/12/2023 09:27

Really depends on the will, if fil dies they may update the will so his share goes to his dependants, but if not, then yes, it will all go to the uncle ,as their surviving next of kin. We had a similar situation, and my grandparents changed their will so my father's share went to me and my siblings, because they only saw it fair we inherited that way, as weren't going to inherit from my dad, like our cousins will at some point. Bear in mind, if the grandparents need care homes at any point, this will eat up alot of the money anyway. My grandmother was in a care home for the last year of her life, her house had to be sold, and ultimately the fees consumed 70% of her estate. If it's just going to be your uncle around to make these decisions about their future care, then I'm assuming he will not want to be a full time carer for them, and chances are, one or both of them, will need a care facility at some point.

MayThe4th · 07/12/2023 09:28

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...?

There’s no need to ask anything.

Nobody needs to know if they’re going to inherit, wanting to know is just grabby. But no-one will ever admit that.

I agree with * @brumbiesthese threads are nothing more than grasping. And no. I wouldn’t want to know, I certainly wouldn’t feel I needed to know. *

FiveShelties · 07/12/2023 09:29

@NotEvenThought it would not occur to me to question a relative about their will.

RichTea63 · 07/12/2023 09:39

My Dad passed away before his dad (my GF) and my GM had died years before this, so when my GF died my dad's share was split between me and my siblings, and my 2 uncles received their third share each. I thought that was standard, but as others said depends on what is in the will. It did cause some issues with cousins....I had my uncle calling me and asking me to contribute to funds from my share to his daughter. The answer was no, but all very awkward. Personally I don't think there's is anyway you can ask about what is in someone's will, as it is never a given and therefore should have no bearing on any of your financial decisions.

WishIMite · 07/12/2023 09:44

I don’t think your DH can really bring this up without looking awful and potentially getting cut out completely!

I agree it would be unfair if the grandparents haven’t given it any thought, but them’s the breaks.

Nothing you can really do. I’m sorry for your FIL’s illness.

Dressingdown1 · 07/12/2023 09:45

Under English law, In the case of direct descendants, a deceased child's share will go to their children, unless the will specifically directs otherwise.
In all likelihood your husband will inherit.

Erby · 07/12/2023 09:53

And they wonder why the Donkey Sanctuary does so well.

BrimfulOfMash · 07/12/2023 10:10

Dressingdown1 · 07/12/2023 09:45

Under English law, In the case of direct descendants, a deceased child's share will go to their children, unless the will specifically directs otherwise.
In all likelihood your husband will inherit.

That’s if someone dies intestate. (And the first beneficiary is the spouse)

There is a will.

So it depends what the will says.

gotomomo · 07/12/2023 10:24

Without the will the laws on intestate mean the next generation inherit the share. But a will supersedes this so depends on the wording

Cadenza12 · 07/12/2023 10:26

I'm thinking that you are just going to have to wait and see. If they have drawn up the will with legal advice then it will be quite clear what their wishes are as the implications would have been discussed. Unfair or not, that's the way the cookie crumbles. Personally I would be quite ticked off if my grandchildren started to question what they may, may not, get.