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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Inheritance - doing the right thing?

78 replies

scaredy42 · 20/07/2021 11:17

I've namedchanged for this because I'm pretty stressed and scared by the whole scenario.

DH has 4 siblings, and no surviving parents. One of the remaining grandparents passed away recently and DH and siblings stand to inherit a fairly substantial amount of money each - except the oldest sibling, who has been disinherited. DH is now in two minds whether or not to give something to the disinherited sibling (B) and has basically asked me to help him decide, and I am stressed to bits by it all.

The backstory is that B was physically and emotionally abusive to everyone in the family and none of the other siblings is in contact with them any more as a result, was not in contact for many years with the deceased, and yet is convinced they're in line to inherit millions (it's absolutely nowhere near that much, but they're not very clued up on the real world). They're a horrible, horrible person for lots of reasons, and I'd be perfectly satisfied that they don't deserve anything (and that the deceased's wishes should be honoured), but they claim significant childhood trauma which 'makes them like this' (nothing that the other siblings can verify, but it could well be true) and their life is, from what little we know, a mess - no job, no money, no attempts to fix that, drug use, prison stay etc.

DH is torn - on the one hand, this sibling is a horrendous person and caused significant physical and emotional harm to both the deceased and the deceased's child (the sibling's parent). On the other, they are very very volatile and aggressive and DH is wondering whether they will absolutely lose it when they find out the grandparent has died and they've not inherited the piles of money they assume are coming (they don't even know about the death yet, but given the age of the deceased they will work it out in the next 5 years or so) and given their past pattern of behaviour, they'll stop at nothing including aggression and attacking people, damaging property, malicious police reports etc when they feel wronged.

DH is concerned they'll have a legal case to fight the will - they were originally in it, but the relative changed it about 5 years ago and he's worried they'll allege that the other siblings pressured the grandparent to change it, which wasn't the case at all - whereas I think a solicitor would look at the history and laugh them out of the door, but I am mostly concerned they will find out and target us (and the other siblings' families as a result). I don't know, though, if giving them a smaller amount of money as a kind of buffer will just inflame things if they're expecting more, and the other siblings who have been 'more' affected by B's behaviour, particularly his sisters, are refusing to split their share.

The money could be enough to change their life around, though. Does DH give them the benefit of the doubt about their alleged trauma and effectively pay them off to keep things sweet, or maintain NC and hope they don't find out? Or just ignore when they do find out and hope we don't get a brick through the window or cars smashed up (which is a historic way they've dealt with perceived slights)? The families are all quite geographically far away from one another, except us and the NC sibling, so we'd be first in the firing line.

On the face of it it seems obvious that they've brought this on themselves and ignore and tighten the 'security' we have to avoid their previous drama (i.e. remind mutual friends not to say anything about us whatsoever, keep social media fully locked down, avoid the area they live for fear of being spotted and having our tyres let down and being followed about - yep). But DH is wondering whether to try and ensure they don't feel completely slighted and hope that prevents any future issues.

OP posts:
Colourmeclear · 20/07/2021 11:52

Does the Will specifically say "I have excluded X from the list of beneficiaries for X reason". It would be much harder to challenge that in court if they wanted to go down that route.

I would stick with what the deceased wanted because it will be their decision however if you choose to vary the will (a formal document is usually drawn) than it will become the siblings decision and so easier to blame unless it's equal shares.

If you are logging the Will with Probate it will become a public document so they might work out what they were due that way.

Lampzade · 20/07/2021 11:54

As other posters have said it doesn’t matter what you give B it will not be enough, B will want an equal share and anything less will not suffice.
In this particular situation I would honour the wishes of the deceased person .

RoisinL · 20/07/2021 11:55

Exactly this happened to my friend. She and her husband had to move house, come off the open electoral register, and lock down their online presence.

If actual violence is possible, I’d advise you to do all this as soon as possible, and definitely in advance of the sibling finding out about the money.

scaredy42 · 20/07/2021 11:55

@MarianneUnfaithful

There will be no grounds to challenge the will - that can only realistically happen if a dependent is left out of a will, and an able-bodied NT adult who has lived away from the home for years is not a dependent, or there is any real evidence or grounds for suspicion that the will maker was co-erced. This doesn't sound like a death-bed will-change by someone who was in a frail state of mind.

If I was in your DH's situation I would ONLY set aside ££ for the other sibling if all the siblings were united and did the same thing.

I don't think your DH should be influenced by fear.

Poking the hornets nest by making contact and giving information wrt the death may not protect him even if he does give money. The money could be used for drugs, he could start threatening the other siblings for a similar amount, he could start being aggressive again 'just because' etc etc.

If someone chooses to be no contact, then they are no contact.

If the will was changed in full decision making capacity, it is not your DH's responsibility.

However, IF all the other siblings feel the same way, and based on fairness not fear, then they could set aside an equal amount each and jointly notify the rogue sibling.

That's really useful info. While the sibling isn't NT, he's got full capacity and wasn't dependent whatsoever - he hadn't spoken to his grandparent in a decade and when he had previously it was abusive, so it seems completely straightforward but DH had the worry that he'd try and claim the other siblings 'turned them' against him.

However, IF all the other siblings feel the same way, and based on fairness not fear, then they could set aside an equal amount each and jointly notify the rogue sibling.

The other siblings have categorically refused this - and understandably so, they suffered worse from this sibling. DH is the youngest, so saw the least of their bullshit, and I think this is why he's wavering even slightly. I think he just feels enormously guilty and fortunate about the inheritance as it is (which is a very privileged problem to have, I know!) and it will be a life changer for us which he doesn't really feel entitled to ...I think that's clouding his thoughts on it a bit.

OP posts:
scaredy42 · 20/07/2021 11:57

@RoisinL

Exactly this happened to my friend. She and her husband had to move house, come off the open electoral register, and lock down their online presence.

If actual violence is possible, I’d advise you to do all this as soon as possible, and definitely in advance of the sibling finding out about the money.

This is the plan but because of work, it won't be until the end of next year - DH is considering changing his name, too, as he has quite an unusual surname. We have little to no social media and no family friends on there, but I hadn't thought about the electoral register - thanks :)
OP posts:
ittakes2 · 20/07/2021 11:59

I don't think paying him will stop him being angry as he will expect an equal amount and you may be disappointed with the outcome.
You could at a later date agree to something that would be life changing for him as a gesture but keep your cards to yourself until you see how the future unfolds.

scaredy42 · 20/07/2021 12:00

@Colourmeclear

Does the Will specifically say "I have excluded X from the list of beneficiaries for X reason". It would be much harder to challenge that in court if they wanted to go down that route.

I would stick with what the deceased wanted because it will be their decision however if you choose to vary the will (a formal document is usually drawn) than it will become the siblings decision and so easier to blame unless it's equal shares.

If you are logging the Will with Probate it will become a public document so they might work out what they were due that way.

No - a previous version says "Split between X, Y, Z, A & B" and the new version says "Split between X, Y, Z and A" - that's all. So no specific exclusion in words, just the absence of them being in the will at all.

They weren't in contact with the deceased for a decade, and we have a mountain of evidence of the abusive behaviour towards the siblings/their families and the deceased parent/child of grandparent, so I'd hope that if they did try and challenge it whenever they become aware, it'd be a pretty open and shut case. But the fear of that looming over us isn't nice!

OP posts:
IntheBellJar · 20/07/2021 12:01

Don't do it.

We had a similar situation in my family - a disinherited son (also due to emotional and sometimes physical behavioural issues). He didn't get a penny.

Twoforthree · 20/07/2021 12:18

Would the siblings put a small amount in trust for his children? That would be a nice gesture.

Thelnebriati · 20/07/2021 12:19

The mistake your DH is making is thinking that giving B some money will placate them. It won't.
Take all precautions now and try to talk him out of placating the abuser. He shouldn't initiate any contact with them, its the worst thing he could do. They will terrorize him into handing it all over bit by bit, and he'll never have any peace.

Zilla1 · 20/07/2021 12:20

HNRTT - Is your DH the executor? If not then leave it to the executor. If all siblings agree and in England then can do a deed of variation but money before lifestyle changes probably won't help. You DP would put some money aside or suggest the sibling speaks to the executor and/or tries to get all the siblings to agree to diffuse the aggression.

Good luck.

VanCleefArpels · 20/07/2021 12:22

Any solicitor would laugh B out of the place if they tried to mount a challenge to a valid will.

MaggieFS · 20/07/2021 12:30

Given what you've said, I doubt any amount would be sufficient and especially if the other siblings aren't doing anything I wouldn't want to rock the boat.

However, if B has children, it seems unfair that they miss out because their Dad in an arse. If your DH is happy to part with some money I'd put it in some trust for those DC and say nothing until they are 18. If B does come asking in the interim he gets told there's a trust for his children. End of.

Essentialironingwater · 20/07/2021 12:33

My fear would be that if you did give him money he would see you as an ally and perhaps try and worm back into your lives.

If you feel guilty about the kids set some money aside and if the chance arises you can help them directly, but only when it's feasible, safe and not likely to end up in his hands.

godmum56 · 20/07/2021 12:44

Not a legal person but I have dealt with a similar situation.
yup, your DH cannot do anything before the will is distributed if he is not the executor and if he is the executor then he is legally bound to abide by the terms of the will unless all the legatees agree to a deed of variation.
If B does go to a solicitor, he will need to have money up front to get someone to take the case on, probably even to get advice, and it is not cheap. NO ONE will do no win no fee on challenging a will and anyway most of not all NWNF setups requite the litigant to buy insurance to cover the no win so that in either event, the lawyer gets paid.
I think your DH thinks that giving money will make the problem person go away and it won't, it really won't.

If it was me I wouldn't give B a penny but that's not for me to decide. What I do think is that IT WON"T help and may very well make things worse. Additionally of course he will be going against the wishes of the deceased which may or may not be a factor for him.

Roomonb · 20/07/2021 12:49

I would try to get a pot together for the kids and not bother with the sibling at all. Tbh if they are chaotic it will just be pissed up the wall.

User5827372728 · 20/07/2021 12:53

I’ve got a bil who sounds similar; and I’ve had nights in bed where I’ve been worried he might come and torch our house.

I would give him some as would fear what he would do if we didnt

scaredy42 · 20/07/2021 12:55

@MaggieFS

Given what you've said, I doubt any amount would be sufficient and especially if the other siblings aren't doing anything I wouldn't want to rock the boat.

However, if B has children, it seems unfair that they miss out because their Dad in an arse. If your DH is happy to part with some money I'd put it in some trust for those DC and say nothing until they are 18. If B does come asking in the interim he gets told there's a trust for his children. End of.

I think that solves a lot of the problems - DH's guilt about the kids, B can't argue there's been nothing, and it wouldn't be directly contravening the deceased grandparent's wishes (and I doubt they'd be upset by us choosing to help the children, they just hadn't made specific provision for great-grandchildren anyway). I think DH would be more than willing to do that, he feels for B's children very much (their mother is... also difficult from what we know). And then hopefully we can move and get off the electoral register to solve the rest.

Thank you all for your wise and honest answers - it's such a complicated situation, in the past I'd always thought inheritance should be an absolutely equal split regardless but I'd not considered how horrendous some people can be to their own family (and the potential pitfalls of having to be in contact to organise it).

OP posts:
scaredy42 · 20/07/2021 12:57

You're right about this godmum:

I think your DH thinks that giving money will make the problem person go away and it won't, it really won't.

He's worn down by it and sick of it resurfacing every 6 months or so - this is the last chance for there to be contact for a specific reason barring B coming wanting a kidney or something (no chance) given that all other relatives are dead. I think he just wants it to be ironclad, no more contact ever, and I don't think this is the way to solve it.

OP posts:
category12 · 20/07/2021 12:59

Whatever you gave them, the chances are they will still feel cheated. Give them the lot and they will still be bitter. If they're busily imagining they're in line to inherit millions then anything less will be an excuse to kick off and claim they've been stiffed.

You won't be able to convince or satisfy them that they've got their fair share whatever you do. They're not a reasonable person, they don't want to hear it.

Better keep it and consider moving.

WhatWillSantaBring · 20/07/2021 13:03

*should have included that in the OP, actually, as that's another reason DH feels bad. 3 of the siblings have children, and two lots will benefit from this whereas B's won't - he is relatively uninvolved in their lives as it is, so that feels extra unfair.

No money was left directly to the great-grandchildren, and the parents of the group I assume are doing whatever they think is right (savings, school fees etc?) with their shares - it's not like we all collectively agreed to put an amount into a pot and split it between the great-grandkids meaning there'd be a share there for B's children, as we don't all have children and aren't planning to.

But then it's not B's children's fault they have an arsehole parent.*

My suggestion was going to be this (and your additional post confirms it). Why doesn't your DH contact the other siblings and see if they would all agree to put a share of the inheritance into a trust for B's DC? It sounds like your DH feels guilt - this assuages that guilt AND should B ever turn their life around at least you can point to the trust for their DC and show that you did the right thing.

(A trust till the DC are 25 would be sensible to protect the DC from B - means they can't reappear in their DC's life and get their hands on the money - you can set the trust up so that it can be used to pay for e.g. uni education before they turn 25)

JungleBeats · 20/07/2021 13:03

Do what the will says as that is what the person who died wanted.

scaredy42 · 20/07/2021 13:03

@User5827372728

I’ve got a bil who sounds similar; and I’ve had nights in bed where I’ve been worried he might come and torch our house.

I would give him some as would fear what he would do if we didnt

I'm sorry - it's horrendous isn't it? Exhausting wondering when the next thing will happen - we don't speak to him, obviously, but he'll bump into a family friend who'll say "Oh I saw B the other day, he wasn't in a good way, very angry, says you've all turned your back on him for no reason, I didn't say anything about you at all of course".

And then the countdown starts and we know something will happen soon as he's been reminded of our existence - a 10 page 'anonymous' letter of aggressive bullshit through the door every day for a week, all the plants in our garden pulled up (?), a car window smashed in the middle of the night, my car followed to work a few times (by someone that isn't him but a friend, so he has other people roped into his nonsense, god knows how!). It's calmed down a bit since we got CCTV and the police had a word because he's scared of going back to prison, but it's still tiring knowing he's sometimes angry enough not to try and avoid the police.

OP posts:
User5827372728 · 20/07/2021 13:08

@scaredy42

Yes it’s utter shit. We are hoping my bil will be sentenced and get a prison sentence in 5 weeks time so hopefully so bloody peace and quiet!!! So sad we feel that way though.

equuscaballus · 20/07/2021 13:34

For this kind of person any amount would never be enough and you'd be accused of witholding what they are "entitled" to.