One Sibling Inheriting All of the House

[AICM]

Hi All!

I’m enquiring on behalf of my wife regarding her parents’ will.

Her father died a few weeks ago and left everything to his wife who is 86 years old. This amounts to a house with no mortgage, approximate value £400,000, and cash. We do not know the value of the cash but suspect it is over £200,000. There are 3 children.

We have seen the father’s will which states, “My trustees shall hold my Residency Trust fund on trust absolutely for my children - all three children and their address are then named - as are living at my death and if more than one in equal shares. We have not seen the mother’s will.

To me this reads that all 3 children get an equal share of the assets. There are no debts.

The issue is with the house. The mother has, in the past, said that she would like one daughter (not my wife) to have the house. My wife has no issue with this but we have the following questions:

1. Would this be legally binding? The family is aware of the wish but it is not written in the will.

2. If there is not enough cash in the estate to give the other 2 children an amount of cash of equal value to the house what would happen?
3. Would the other daughter legally have to “buy” my wife’s third and the other child’s third of the house from her in order to take ownership of the house?
4. What if the other sister wants to keep the house but can’t afford to “buy out” her brother and sister’s shares?
5. What if she promises to “buy out” my wife and her brother and then doesn’t?

Hope somebody can help!
Thanks!

[Kezwhi]

Hi,

if it isn’t written in the will, then yes- it isn’t legally binding.

There won’t be equal shares if one sibling inherits a property that is estimated at £400,000 and the other two siblings receive £100,000 each from the £200,000 savings.

The house has to be sold in order to give each sibling £200,000 each.

Hopefully someone can advise you as to what happens if the mums will is worded differently from the fathers will but then if it is different , how can anyone carry out the fathers wishes if the mother wants to distribute the estate differently ... I’m hoping a legal expert can help with this part!

[AICM]

Hi

Thanks for replying Kez!

Those were my thoughts too.

[des8]

I'm unclear about your father in law's will.
At one point you state he " left everything to his wife", but later state his will says " “My trustees shall hold my Residency Trust fund on trust absolutely for my children"
Could you clarify the position please?
People often quote what they think the will says rather than the actual wording.

IF the whole estate has been bequeathed to the wife, then when she passes her will (or the intestacy rules if intestate) will apply, otherwise the FiL's will applies

[Guest]

Our mother defied our Father and left a will leaving everything to our youngest brother (property) that was her wishes my Father did not contest her wishes, neither did any brothers, although I had a building located on the property when I requested access, I was told in no uncertain terms, the building belongs to me now. Needless to say, I have parted company with him, nothing brings out the worst in people than money.

[AICM]

Hi again!

Thanks for the responses!

To add more detail:
The will says:

I give tax free the following legacy:
He then gives £5000.00 to a wild animal charity.

If my wife survives me by one calendar month I give all the rest and residue of my estate and the property over which I have at my death and any general power of appointment to my wife.

If the forgoing gift fails I will and decree as follows:
To my trustees shall hold my residence trust fund on trust absolutely for such of my children the will then names all of his children as are living at my death and if more than 1 in equal shares.

There are no grand children

He has died before his wife and so all has passed to her.

I have not seen her will however both wills were written at the same time and the wife’s has not been updated since.

Would it be unusual for a married couple with joint finances to write their wills on the same day but leave different inheritances to their children? What would happen if both died in a car crash on the same day?

So my question is, if her will is the same could one sibling have a claim to the house when it isn’t mentioned in the will? The mother has said she would like this to happen but (and I don’t know this for certain) the will doesn’t say this.

Thanks again for any help!

[AICM]

Sorry to hear that Archie.

Money does bring out the worst that's why I would like to know what the law says as I feel it's best if everything is done to the letter of the law and not by so some family members deciding for themselves!

[des8]

Easy question first: if both testators die on the same day in a car crash the court will decide (with coroner's assistance)who died first.
However most wills will contain the one calendar month survival clause.

It would be normal for a married couple to write mirror wills, but it is not automatic.

As has already been said her letter of wishes has no legal power, although the beneficiaries could agree to vary the will.
Whether or not the sibling could make a successful claim under the Inheritance (Provision for Family and Dependants) Act 1975 we couldn't possibly say.

It is possible of course that her mother writes a new will

[AICM]

Thanks again DES! This is really helpful!

Just one more question if that's OK!

If my mother-in-law's will is the same as my father-in law's (in that no mention is made of the house) could my wife say to her sister I want you to have the house as it was mum's wish but as one third of it is mine I will happily sell you one third before you can have the house. ( and the other sibling too).

Would that be seen as a fair and equitable proposal?

I really don't want there to be a family row over this I would like the issue resolved fairly but I feel the if no mention of the house is made in the will my wife should get 1 third of the value of the estate as - as should her two siblings. If there is enough cash in the estate pot to cover this or the sibling hoping to get the house has enough to buy out the others then fine she can have the house but if not it should be sold and the proceeds split 3 ways.

[des8]

Your FiL's will does include the house where he says " I give ........the property".
Unless their is further clarification between personal and real property the house was included.
However if the house was owned by them both as joint tenants it would not be included as it passed to your Mil by right of survivorship.

Perhaps you can understand how difficult it is to discuss the import of a will when we only see snapshots of part of the document and the background situation.

If the house falls into your MiL's residuary estate there will be no reason why it should not pass to your sister in law by agreement with the other beneficiaries. If part of that agreement is she purchases the other shares either by relinquishing her entitlement to any estate cash or by funding it by other means, there should be no problems in theory.

If your sister in law couldn't afford the whole two thirds, perhaps you could come to some sort of shared ownership. You might for example retain e.g.10% or have a charge on the property. Just ideas to keep a family happy?

However i would suggest for everyone's peace of mind any such deals are handled by a solicitor.
It might cost a little, but it could prevent a family feud!

[AICM]

Once again thanks DES!

Very clear!