Inheritance question...

[pinkfonie]

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.

I've known two cases where the grandparent has outlived their own adult child and they've left that share in their will to the adult child's spouse ie their daughter-in-law.

Thanks everyone for confirming, our thinking is that the 50% will go down to DH and his sister or else this side of the family would be totally put out, especially given there was grand children and great grandchildren involved. We don't plan on asking, but will try and find out eventually

It won't. Unless there is a specific caveat in the will then it will all go to your DH's uncle. They don't just go 'oh this guy died so his kids can have his share,' it's more 'this ones dead so the remaining child gets everything.'

Wills aren't as simple as everyone seems to think they are. With the challenges people make these days, wills actually have to be pretty water-tight to not be changed - speaking as someone who has been intimately involved in some very complex estate situations. That or you need to rely on your extended family not being a bunch of money-grabbing tosswits.

Ultimately, I find the concept of discussing wills before people have died to be utterly repugnant unless you are the child of the person who has made the will - and only then for practicality reasons.

@pinkfonie what's fair is that they do as they please with thier money. They can gift it. They can blow it. Its there's to do with as they choose. Rather than attack other people characters maybe you should look at yourself and put your long grabby entitled hand back in your pocket.

Spare a thought for the Trustees, if one or other of them is a family member please.
My Dad had been made a executor/trustee for one of his relatives. He was happy to help, the will had been arranged by a solicitor who was also executor.
But dear old Aunty changed her will, wrote one on a form she got from the shop. It was witnessed properly so it stood. Problem was it was ambiguous.
It took 12 months to settle, the row is continuing into the next generation.
@pinkfonie Get it watertight now, while everyone fully competent.

Why am I not surprised that the op has been getting a hard time!!

Of course she wants what should rightfully be coming to her family!

Any normal person would be wondering the same thing and maybe MiL could talk to the grandparents about it to check that they have everything in order

But hard graft paid for that house initially....

In what way is it unfair? The money does not belong to your DH, it belongs to his grandparents to distribute it as they see fit. I actually think it's very distasteful to even be thinking/asking about it.

You'd be "put out"? Oh no. How dreadful for you 🙄

My dads father died in his 40s, my dad died in his early 50s. So some if my grandads siblings are still alive and when one of them then died a few years ago one if the people he'd left money to in his will had also died and had no other surviving family, it's didn't all automatically go to the other person in the will, it had to be split between his siblings as this great uncle had no children or parents it passed to his siblings, one of which would have been my grandad, and because he'd also died, my grandad's share then passed down to his children, one of which was my father who had also died so his share passed to his own children. It wasn't a lot of money, and I'd never have known I was entitled to anything if the solicitor hadn't contacted us, nobody had been in touch with this great uncle for decades but it angered some of the wider family like great uncles who assumed my grandads share would be given to them.

So if it still works the same way (because this was over a decade ago) I'd think think that your fils share would pass to his children unless the grandparents change their will if fil dies before them to leave to only their remaining son.

I don't know how you can ask the grandparents what they plan to do without looking like you're just after their money but I do understand the anxiety around this type of stuff because I've seen the hurt and family rifts caused when someone feels like they've been left out or treat unfairly.

Certainly the will writer we used specifically asked us about this scenario so I assume the GPs will have specifically considered that? It would be unusual I think to decide that the uncle gets everything in the scenario that an adult child dies before their parent.

I think it shows a lack of emotional intelligence and a cynical and bitter character to accuse someone of being grabby for asking a legitimate question on an anonymous online forum. But I guess if you're bored and indeed cynical and bitter it might help you feel better about yourself?

Thanks @Quitelikeit you clearly are a decent person :-)

And thanks everyone else for the interesting responses and examples!

@pinkfonie usually if a will states 50/50 and one person dies before will comes in effect then their 50% share usually goes to their offspring. as in your dh and his siblings if there are any.

Only if the people getting it ate the will writers kids

So leaving 50:50 to my 2 kids

Yes it would then go to grandkids if kid 1 dies first

Leave all to my friend Bob and Jane. Then if Bob dies, Jane gets it all, not Bob's kids.

It's because most people would choose to give the money onto that kids kids if they were tasked. But not bobs kids.

If they want bobs kids to get it, they have to explicitly say that. But not with their own kids kids. There they would have to explicitly say it WAS NOT TO HAPPEN to mean it all goes only to the surviving kid.

@pinkfonie your dh cousins will have no right to complain. your dh and his sister fall under the per stirpes rule. if a beneficiary (your fil) dies before the testators (GP) then the beneficiary's share would go to his heirs (your dh and your sil)

It doesn't matter anyway because they could change their will once a day for as long as they live if they like. So what the current will says is only relevant until they write another one. My parents have amended their wills a few times I think but I wouldn't know- they don't tell me.

Very interesting. I wonder why one for amend their will? Obviously if someone dies but can it be because of social matters as well I guess?

My parents would be as their assets have changed, addition of grandchildren and I assume if one of the beneficiaries died they would again. Also if you want to try and be as efficient as possible with inheritance tax you may end up amending it depending on what you have.

Where there's a will, there's a relative.

I have 2 kids and my sister has 1.

My mum’s will states that if either my sister or I predecease her, our ‘share’ will go to our children rather than to the remaining sibling.

The solicitor did ask if she wanted it to be split 3 ways if I died (so all three grandchildren would get an equal share) but we didn’t think that was fair.

Literally no-one here can tell you the answer. As other people have said, it depends on the will.

Your DH grandparents have 2 sons, if 1 son dies and they choose to leave all inheritance to the other son that is their prerogative. Anyone who would try to challenge that would be seen as grabby. If his grandparents decide to leave your DH in the will that’s lovely. I think he needs to realise he isn’t entitled to anything so expect nothing until told otherwise. It’s in bad taste to go chasing after someone’s money who is still alive

I commented earlier about you being grabby. You're showing yourself in an even worse light. It's not just grabby, it's grubby.

I say again, your DH's grandparents face losing their son. The worst thing that can happen to a parent at any age. And you're thinking about your inheritance. Absolutely disgraceful.

You said your DH was stressing about it.

@NotEvenThought my Mum died in May, my Dad in 2016 and as an only child we were close.

This thread was not about parents though, it was about GPS, who are facing losing their son. That is completely different. I would be happy to discuss anyone's will but I certainly would not be raising the subject in this situation.

Yep, re-read what you just quoted.