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Selfish and entitled brother-in-law now wants money from my wife's estate

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  • Selfish and entitled brother-in-law now wants money from my wife's estate

    A year ago, my wife got cancer, the worse kind and was gone very quickly. We have no kids and we did not bother with wills. We assumed the UK law would be: the spouse would inherit everything in the absence of a will. It was our verbal wish too. We were married for 22 years.

    It has been a hard year of adjustment and change. Her money and assets have been transferred to me.

    Now my brother-in-law has just made things worse.

    5 years ago, their father died and left them both 50% of his estate. It was a simple one page will giving them half each and it had no caveats or conditions.

    Now B.I.L. wants my late wife's share. His argument is timing. He said his she had died before his father, he would have got 100%. He feels it is not right I now have half his money.

    My wife and I had put that money away for our pension years, so it has not been spent. In her last few months we did talk about her wishes. She wanted me to have the money for my retirement and when I died, I was to have in my will – any money left would go to charity. I cannot prove this.

    The only thing I can prove: 10 years ago, we both took out life insurance policies so if one of us died early, the other would not have to worry about money. Once she had received her inheritance, we cancelled both policies as they would now not needed, thanks to my late father-in-law.

    She did not like her brother, they were not close and they hardly saw each other.

    Should I fight it or just rollover?

    Or has he even got a case?

    Many thanks!
    Tags: None

  • #2
    Well he sounds charming. Has he started legal proceedings or he just threatening now?

    Wills are actually revoked when you marry unless you specifically make arrangements after you have been married. If your wife has passed without a will bequeathing money/property to your BIL he's completely out of luck.

    I can't believe someone would be so mercenary as to try this on. He'd be wasting his time in my opinion.

    Comment


    • #3
      Hi and welcome
      Sorry to hear of your loss

      As above your BiL is out of order and luck
      as she died intestate the strict rules of intestacy take over;https://www.gov.uk/inherits-someone-dies-without-will

      Comment


      • #4
        As Mastercoder says he sounds a charmer.

        Your wife did not die before her father ( or within 30 days of his passing, which is often also written into a will ) but 4/5 years later.

        There were no restrictions/conditions on the inheritance from her father, as soon as she received the money it was hers, formed part of her estate and will pass as per the rules of intestacy because she had no will.

        Her entire estate goes to you, her spouse, as she had no children.

        You do not have 'half his money' - he had his 50% of his fathers estate, which he is free to do with as he wishes, just as his sister was free to do what she wanted with hers. It's none of his beeswax what she did, or didn't do with it and he has no claim over it.

        Do you have a copy of her fathers will just to be absolutely certain her brother has no claim?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Married partners or civil partners inherit under the rules of intestacy.

          the CAB cover this here: https://www.citizensadvice.org.uk/fa...-of-intestacy/

          The wishes of their father were carried out, your wife died intestate and the rules regarding that have been enacted. He doesn't have a leg to stand on and the only person who could have caveat that should your wife die within a period of receipt of her inheritance that it is to be bequeathed to your brother in law is their father, who did not place such a caveat on the inheritance.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #6
            Thanks for the quick replies. I am not sure how to answer each one with quotes, so I will do it old school!

            MASTERCODER:
            He is just threatening at the moment. It is the last thing I need right now!
            He is a class A, A-hole and WILL/heritance obsessed narcissist!

            DES:
            Thanks for the link!

            AMETHYST:
            Yes, there was 4 year gap between both of them dying.
            Yes, I still have the will (original) from my late father-in-law. I am certain there was no claim / condition / caveat if my wife died at any point.

            JAGUARSUK:
            Thanks for the info.

            Thanks again, all you have all put my mind to rest.

            I am sure he may get legal advice and that is fine. Sounds like he will be wasting his time and money!

            Comment


            • #7
              Originally posted by Octubre19 View Post
              I am sure he may get legal advice and that is fine. Sounds like he will be wasting his time and money!
              Point him in our direction, we'll tell him he's wasting his time for free!
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment


              • #8
                Originally posted by jaguarsuk View Post

                Point him in our direction, we'll tell him he's wasting his time for free!
                Thanks - he hates spending his money, so no. Is that bad?

                (finally worked how to reply/quote to each one)

                Comment


                • #9
                  Originally posted by Octubre19 View Post

                  Thanks - he hates spending his money, so no. Is that bad?

                  (finally worked how to reply/quote to each one)
                  Of course it isn't, encourage him to get a second opinion if he doesn't like the first.
                  COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                  My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                  Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                  Comment


                  • #10
                    That made me laugh...I needed cheering u so thank jaguarsuk

                    Comment


                    • #11
                      Well at least you've had your mind put at ease.

                      Losing the ones you love is an incredibly hard thing to go through, people can do without sharks like this trying to coax money out of you when you are undoubtedly at your lowest and weakest.

                      I would suggest that you now focus as best as you can on trying to carry on as normal. I found when I lost my mother that a nice long holiday helped me. I would suggest somewhere sunny and send your brother in law a postcard

                      Good luck in the future.

                      Comment


                      • #12
                        Originally posted by MasterCoder View Post
                        Well at least you've had your mind put at ease.

                        Losing the ones you love is an incredibly hard thing to go through, people can do without sharks like this trying to coax money out of you when you are undoubtedly at your lowest and weakest.

                        I would suggest that you now focus as best as you can on trying to carry on as normal. I found when I lost my mother that a nice long holiday helped me. I would suggest somewhere sunny and send your brother in law a postcard

                        Good luck in the future.
                        Thanks!

                        Comment

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