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Hello, My Mum has asked me to go to the solicitors with her. She wants me to explain to the solicitor in the best way possible that she would like all her inheritance (house and cash with a valuation of £500k) to go to my brother. She says her reason for this is because I have always worked and I have a mortgage on a house (£280k house with £145k outstanding on mortgage). My brother is 2 years older than me, he's 44 never worked, claims benefits, lives in council house, smokes weed from morning until night. She does all his food shopping and pays his bills. Apparently he deserves all her estate as he needs it more. I do find this quite hurtful as it seems I am being penalised for working my whole life. And it seems a little cruel to make me be the one to explain to a solicitor that my mother wants to only provide for my brother. But I will do it as it is her wishes. But here is the problem. *My mother and father separated years ago, (they weren't married) but when they separated, my father walked away from the family home not taking any value out of the house, but made it clear the reason was so his 2 children had an inheritance in the event of death. I believe he has legal papers that support this. My father is furious at my mums decision to give all to my brother and says he will contest her Will. Even though I have said I don't want him to contest it as its her wishes. So if my mother dies, and my dad contests and I end up with half involuntarily, do I just refuse it and it will go to my brother? or will I have to accept it then gift it to my brother? In that case will i end up with an inheritance tax bill to pay? I am prepared to accept my mothers wishes, i just dont want to end up with huge fees and taxes to pay.*
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Strange as this may seem. Mums tend to leave everything to the youngest sibling, it happened to my Cousin but her Sister thought it was not fair and decided to make a 50/50 share. In my case, Mum and Dad went to the local Solicitors, Dad wanted the property divided between us brothers, with the proviso that the building I had built on the ground was to remain mine, result Mum left all to the youngest brother, I went to use the building, to be told "I need it so as it's in my name, off you go, needless to say, we have not spoken since. And that was twenty years ago, Dad was really upset but that's life. -
Thank you for your reply Archie.2. it seems my mother has gone against the grain as my brother is 2 years older. I am very sorry you haven’t spoke with your brother for 20 years. Parents really need to think about the impact this can have on their children. It certainly can cause issues between siblings. I have always had a good relationship with my brother up until 2 days ago. My mum asked me to drive to hers to pick up £200 so I could take it to my brother as he said he was short of cash. I asked why he needs money all the time seeing as she does all his shopping and pays bills. She asked me to talk to him and tell him to be more responsible. I called him, told him i loved him, but he needs to manage his money better. He said he couldn't talk as he was cooking dinner (in the brand new cooker i bought him just 2 weeks ago). He has now blocked my number. Then my mum text me and had a go at me for upsetting my brother. She told me to ring him! Families are weird. I hope you resolve your differences with your brother, but i do think you have the right to be furious with him for denying you access to the building. Very petty of him. And he should be ashamed seeing as he received the inheritance. Which my the way, seems very unfair also.Comment
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Oh dear, as you say "families".
To start with if your mother does change her will, I doubt very much your father will be able to contest it.
He won't have a claim under the Inheritance Act, and I wonder what "legal papers" he has which could give rise to a binding agreement that any share he might have in the property would pass in equal parts to you and your brother.
Anyway IMO you should explain to your mother how hurtful her decision is, and also refuse to make the explanations to the solicitor.
She should do this herself.
Later, on her passing, your feelings might have changed and if you should then wish to make a claim under the Inheritance Act it would probably be better if you do not appear to have assisted in your own disinheritance.
If you should ever not wish to accept a legacy, you only have to tell the personal representative, and your legacy will then revert to the estate for distribution as per the will or rules of intestacyComment
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Thank you very much Des8. I may have to ask my dad what exactly he has that he believes he can contest with. But I have told him not to contest so I don't want him rummaging around finding paperwork. I just want to let my mum have her wishes fulfilled even though I am not thrilled with her choice, and its not even about the money, its the emotional side, it does feel I am less loved. But I am just more concerned that If I was to receive an inheritance through my dads attempts to contest, I would end up gifting it to my brother but end up with a big bill/fees/tax for doing so. But if I can just reject it, thats great, it will then fall 100% to my brother. I wont ever change my mind. It would feel like dirty money if i received some when it was intended for my brother. And if I don’t help my mum she will think I am being difficult and be very upset with me. I want a peaceful life. But thank you so much for the advice as I understand that your suggestion would very much protect me if i was to change my mind, so I really do thank you for being nice. *Comment
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