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Relationships

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:
WildFlowerBees · 20/07/2021 14:49

I wouldn't give money to anyone with a known drug habit, your well meaning cut of inheritance won't change their life, it'll go directly into a vein or up their nose.

Strokethefurrywall · 20/07/2021 14:52

Hell would freeze over before I give part of my inheritance to this kind of person.
A bully with a history of violence, abuse and bullying behavior? Absolutely not.

Don’t be a fool OP, be your husbands advocate and take the stand for him.

FaceyRomford · 20/07/2021 15:00

It's not your money it's your DH's parents. If they cut their eldest DC out of the will it was for a reason. Tell your DH to respect it. He gets nothing.

FaceyRomford · 20/07/2021 15:01

Sorry, should have said "grandparent's".

Micemakingclothes · 20/07/2021 15:05

Nothing short of 1/4 is going to satisfy B so there is no point.

I would seriously consider putting money into trust for b’s children. I would set up the trust so that he can’t pressure them for the money. Either don’t give them access until they are 25 or only let them use it for educational expenses before the age of 25 or 30.

PeonyTime · 20/07/2021 15:29

Where is the money coming from? If you are going to give 20% to all 5 siblings (or 4 named siblings, plus Bs kids) rather than 25% to the 4 named in the will, everyone needs to agree and sign a deed of variation. If not everyone agrees, your DH will need to pay it from his inheritance....

Puzzledandpissedoff · 20/07/2021 15:30

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

The trouble with this is that it could just pass the pressure onto his DCs, when he's cruel to them too because he thinks he should have had it instead

Nothing short of 1/4 is going to satisfy B so there is no point

Actually it could be that nothing except all of it will satisfy him, and that he'd come after everyone else's share too because "his needs are greater"
I totally agree that there's no point though ...

Tavannach · 20/07/2021 15:30

I agree with setting up a trust for B's children that they could also access for a school trip or other educational expenses. Sounds like they don't get much like that. Other than that they have access to it or 25 or 30. Make sure it's watertight.

thecapitalsunited · 20/07/2021 15:35

A trust is a nice idea but unless you make the trust discretionary you can’t prevent the DC from accessing it once they are over 18. There will also be tax to be handled for the trust. It would be something to manage long term which would ultimately keep you in contact with the DC’s family.

bengalcat · 20/07/2021 15:40

Follow the deceased’s wishes .

occa · 20/07/2021 15:41

Agree it seems a bit sad for the children. Seeing if all the inheriting siblings could club together to create a trust for them seems like a good idea. A decent Trust lawyer could set this up pretty straightforwardly.

Then keep the rest of the inheritance with no guilt whatsoever, move house and never think of the abusive brother again.

Calmdown14 · 20/07/2021 15:52

Yep. Agree with all who say use it to move house and get away.
Give something to his kids but for later in life.
Shows you haven't ignored the issue but really, it will just disappear on drugs and a chaotic life. That's not what your husband's grandparents worked hard for and it would be disrespectful to allow it to happen

Notaroadrunner · 20/07/2021 16:00

Not a chance I'd give him a penny. The deceased made their decision to cut them out and that should be respected. Effectively your Dh would be gifting his sibling money and he should not feel any obligation to do so.

As for sibling contesting, he'd probably have a hard fight and lose. No doubt the deceased told their solicitor why they were disinheriting the sibling and this will have been noted. He is not entitled to an inheritance from anyone, not even parents. Your dh would be mad to give money to him. No doubt he'd harass the other siblings for a share of their money too, leaving a bad taste in everyone's mouths.

Your dh should accept his inheritance and use it for the good of your family unit. His sibling is responsible for himself and his family.

Orangesky87 · 20/07/2021 16:03

If I had a will that clearly outlined my wishes, I would be furious to think that those dearest to me might decide between themselves to do something different.

It's respectful to honour the persons wishes.

scaredy42 · 20/07/2021 16:07

Thank you all so much - DH agrees a trust for the children to access when they're a fair bit older would be the best way to go, he's going to speak to his solicitor about how best to set it up to ensure the kids aren't/can't be pressured for access. Also to ensure that it can't be used to get our details in future, so we can't be contacted, which is impotant.

Sadly the siblings are so done with the situation there's only one I could see agreeing to give a share to them, but I think DH and I are fine with it even if it's just us putting the money in. We aren't having children and all our nieces and nephews are going to benefit, directly or indirectly, from this money so we'd be glad to make sure the same happens for B's children.

Now to keep our eye out for the first available opportunity to move and get away from all this! Smile

OP posts:
SixesAndEights · 20/07/2021 16:16

Honour the will, and if B wishes to contest it, let them and adhere to the outcome.

Do not go stirring things up from a false sense of duty or responsibility.

caringcarer · 20/07/2021 16:56

The deceased person made a will to ensure their wishes would be followed. I think it is a disrespectful thing to try to change their last wishes. B sounds a nasty person and if involved in drugs would just blow any money they got buying more drugs. The executives job is to follow the exact letter of the will not change it. If your DH would love me to give a small legacy to B's child as they are left put through no fault of their own then that would be very generous of him, but it would be purely from his own share.

MarianneUnfaithful · 20/07/2021 17:00

OP, you not having kids outs a slightly different perspective on it.

You could just accept the money, put it into your new house or whatever, but leave the equivalent of the inheritance share to B’s children in your DH’s half of the will.

They will then inherit in roughly the same generation terms as their cousins, and you will escape the business and cost of a trust etc.

If you do go the trust route I would only do it if it can be set up without B knowing at all. And the money accessible when they are 25 or so. With independence and maturity to withstand pressure.

I don’t know. In the unlikely event of disinheriting any of my kids, I would never wash my hands of the grandchildren, and I am surprised that what would have been B’s share was not left to them. How nice were your DH’s parents?

I assume you have no contact with B’s children?

gogohm · 20/07/2021 17:08

Depends so much on the back story. If this sibling was abused by relatives for instance then setting aside their portion in trust to enable them to go into rehab, buy a house or whatever may be the right thing to do. Behaviour however appalling can be the result of trauma, using the money for therapy could be positive all around

AnnieSnap · 20/07/2021 17:17

The money is essentially a ‘gift’ from dead parents. I believe their wishes should be honoured.

scaredy42 · 20/07/2021 17:48

@MarianneUnfaithful

OP, you not having kids outs a slightly different perspective on it.

You could just accept the money, put it into your new house or whatever, but leave the equivalent of the inheritance share to B’s children in your DH’s half of the will.

They will then inherit in roughly the same generation terms as their cousins, and you will escape the business and cost of a trust etc.

If you do go the trust route I would only do it if it can be set up without B knowing at all. And the money accessible when they are 25 or so. With independence and maturity to withstand pressure.

I don’t know. In the unlikely event of disinheriting any of my kids, I would never wash my hands of the grandchildren, and I am surprised that what would have been B’s share was not left to them. How nice were your DH’s parents?

I assume you have no contact with B’s children?

Also a very good point, I'll discuss it with DH - I think he's keen on the trust idea as if B does show up and start trouble, we can say something concrete has been done in the meantime. Although that just means they're in for pressure the second they're old enough to access the money, and I also don't know how uninvolved we can be with a trust - ideally we'd like to give a solicitor their names (which is all we have - no addresses etc) and the money and that be the end of it and they're contacted when they're old enough, but I'm not sure how feasible that is.

DH's (lovely) parents both died some years ago, and neither left anything to inherit whatsoever - so nothing to leave to potential grandchildren. It was actually during changing their will to remove DH's mum following her death (she died after her husband) that B, who at that point hadn't spoken to his grandparent in about 5 years including to offer sympathy on the death of their child, was removed.

None of us has contact with B's children, unfortunately. One he doesn't see at all and never has, I believe they live a long way away but he refused to give any details other than their (not easy to trace) name. The other two live nearer (about an hour away) but again, we only know their names, not an address or the name of their mum. But I'm sure that would be traceable if we have rough ages and names?

OP posts:
ruthieness · 20/07/2021 18:17

Definitely get Legal advice - this is a complex issue and he might get a no win no fee Solicitor to take his case

this case recently reported has a surprizing outcome

www.wrighthassall.co.uk/knowledge-base/flurry-of-inheritance-act-1975-cases

scaredy42 · 20/07/2021 18:28

@gogohm

Depends so much on the back story. If this sibling was abused by relatives for instance then setting aside their portion in trust to enable them to go into rehab, buy a house or whatever may be the right thing to do. Behaviour however appalling can be the result of trauma, using the money for therapy could be positive all around
They do allege emotional abuse from one parent. DH's siblings, grandparents, aunts, uncles, family friends, etc all have no idea why they say this as nobody knows what they're talking about - obviously this doesn't make it impossible, and I understand that abuse isn't always obvious even to others in the home, but a few of the things B says happened are easily-disproved lies (think Parent excluded me from X event every year - there are original prints of photos of them there on multiple years, B just flat out denies their existence, or Parent wouldn't let me do swimming when all the other siblings did, but there are childhood swimming certificates with his name on) or massive exaggerations (think along the lines of "I had to sleep in a cupboard for years" when it's a bog standard box bedroom).

Some of it is "I didn't feel supported" or "Parent never loved me, they didn't care about me and it's fucked me up" - if this is true, nobody else noticed (which doesn't make it not true, of course). He was apparently a very difficult child from an early age but DH's parents were very, very supportive until he attacked one of them about a decade ago and stole a lot of their stuff to sell and they withdrew from him.

I'd say B was paranoid and possibly unwell as the allegations only started once he was on drugs (although he's been aggressive and difficult his entire life), but any attempts at helping him get help (therapy, rehabs, etc) are ignored or told to fuck off. He was quite a bit older when DH was born (who was a bit of an oops baby) so DH doesn't remember much of him as by the time DH was old enough to interact with him in any meaningful way (5/6?) he was moving out, so DH can't really corroborate or deny any of the stuff about B's childhood, but his own was perfectly normal.

OP posts:
scaredy42 · 20/07/2021 18:31

[quote ruthieness]Definitely get Legal advice - this is a complex issue and he might get a no win no fee Solicitor to take his case

this case recently reported has a surprizing outcome

www.wrighthassall.co.uk/knowledge-base/flurry-of-inheritance-act-1975-cases[/quote]
That's a concerning read... I wonder if that applies to grandparents? Thank you all for the advice and comments, DH is going to go and see his solicitor some time this week and ask his opinion cos it's evidently quite complicated. In some ways it'd be easier if there was a legal case because then B couldn't challenge it, they'll be given as much as the rest and that's it, but the upheaval and stress of having to deal with him, even just through lawyers, would be a lot.

OP posts:
bigbaggyeyes · 20/07/2021 18:52

Imagine how you'd feel if your hard earned money, money you'd spend a lifetime accruing was given to someone who abused you and your children?

I strongly suspect that whatever is decided the person will kick off. So you might as well let the kick off and carry out the wishes of the grandparent.