Major inheritance worry/fall out - help please

RileysMummy

I desperately hope someone can put my mind at ease. I am seeking legal advice, but cannot get to see someone this week and the worry is making me feel sick.

I am Megan, I'm a married mum of 1 and have 3 step-daughters who I class as my own.

Two years ago we got full-time residency of the girls and decided to house-hunt for a bigger house. At the time my Nona had had her house (which was my childhood home) on the market for nearly 2 years. She had had 1 firm offer in the time, but the sale had unfortunately fell through. The house had become too much for Nona and she was looking to downsize.

When we decided to move Nona said she wanted to buy our flat if her house sold as it was just what she wanted (smaller, lift entry, close to shops etc). We then made the decision to buy her house as it's a fabulous family home and done up we could never have afforded it.

Houses in that area go for around £110,000. However Nona's house still had the original 1975 kitchen, bathroom and heating system and needed work done on the roof amongst other things. The asking price for her house was £80,000 which we could manage. The asking price for our flat was £55,000. Everything was done properly through our solicitors.

My Nona is very poorly at the moment and during visiting at the hospital something my Uncle has said has put the fear of God into my husband and I. He said that we must be panicking over the inheritance tax side of things. When I asked why he said that we bought a £110000 house for £25000 and if Nona dies within 7 years the difference will be classed as a gift.

He has also said he plans to fight Nona's will "all the way" as he believed we tricked her into accepting less for the house (even though the offer she accepted that fell through was exactly the same). He also plans to dispute my and my children's standings in her will. For complicated reasons with my mother my Nona views me (and did my late brother) as her child. She and Papa brought us up for the most part of her life and her will splits her estate between 2 of her children (it specifically excludes my mother) and me. The amounts she has left for her grandchildren also names my son and step-daughters even though technically they are great-grandchildren.

Now I'm not bothered about the money bit. I don't see how he can dispute the will as her wills have included me as if I was her child for more than 15 years and Papa's did too. If it does happen then it does happen, I'm not willing to have a fight over Nona's sickbed over some money. It's disgusting of him to bring it up in her room.

I am worried sick about the house though. Will they take the difference in value and what we paid and charge us money on it? Houses round here do go for more than what we paid, but only ones that are done up with new kitchens and the likes. We didn't get a family discount on it, we got a discount because it needed (and still needs) lots of work. We are doing it bit by bit.

I'm fairly sure there's nothing in what he says except bluster and annoyance at discovering he's not the executor and main beneficiary (oh and discovering Nona has had the cheek to be spending "his" inheritance on cruises and holidays in the last few years). Still can't shake the worry though.

Thank you for reading through that - sorry it's so long.

RAS

Well you did not buy a £110,000 house for £25,000. You bought a £80,000 house for £25,000 plus a flat valued at £55,000. You may have noticed that a lot of house builders offer part-exchange? Can you tell me the difference between them and your set up?

And she can split her estate any way she wants. I practice if she wants to leave the whole lot to the cats home, there is nothing any of you can do. it is none of your uncles business, or yours really, until she dies.

Person_one

I'm afraid I have no advice to offer but want to offer a bit of support. It doesn't seem like you are trying to fleece your Nona (is that a regional term) at all, and I would have thought that the fact that the house had been on the open market at 80,000 for so long is clear evidence that its a reasonable price, perhaps even over-valued as it didn't sell, and not a special family price for you.

Get your Nona to keep everything related to the attempted sale of the house such as letters from estate agents and brochures produced to market the house. Other than that, your solicitor will be able to help you and I'm afraid you just have to try and put it out of your head until you can see one. This isn't an emergency is it? Have the sales gone through and is she so ill that you feel the will issue might come up quite soon?

RileysMummy

RAS - I know it's none of my business either. I only know what is in the will as she had a scare last year and has told me constantly since that if my mother tries to contest I must make sure the solicitor remembers the letter she gave him outlining exactly why she was cut out.

Person-one - The sales went through long ago. We swapped houses 2 years ago come March. She is very ill and I think it will come up soon. All the documents are in her filing cabinet (which Uncle went through and that's how he discovered all the house paperwork and a copy of her will). I also have everything from our side, valuations and brochures.

I hate the fact that he is trying to insinuate I've conned my Nona. Given that she hasn't seen him for over a year (was too busy to come last year when she was in hospital as he was going on holiday 2 days later) he's got a cheek. He's going to cause a big row and I'm dreading it. That's before I even think about the fact my Nona, who I always seen as strong and infallible, is dying. I'll be lost without her.

Thank you for your reassurance about the house. I know he is wrong, but it still panics me because it's the roof over my babies heads.

*Louise*

I don't think you need worry re. the house sale.

You sold her your flat then bought her house for 80k. You say it was all done through solicitors etc, so there is no way it can be classed as a gift.

He sounds like a horrible person and you shouldn't give him the satisfaction of making you worry.

I hope your Nona recovers soon, the poor woman having a vulture of a son hovering over her when she is sick, going on about wills etc. Some people have no respect.

rach29

Please try not to worry. This sounds like a jealous relative situation rather than a complicated legal one. When you bought the house the solicitor would have flagged up the inheritance issue (had there been one) and the fact that the house was being sold "under market value" if it was (which it wasn't)

The paperwork would show that you paid Nona the difference between the value of your flat & her house and you would have paid Stamp Duty (if there was any) on the full market value. No solicitor would have allowed anything different without fully explaining to you and Nona the implications.

Worry about Nona's health if you must worry about something, and don't let greedy relatives spoil your time with her. If you want confirmation of your situation, call the solicitor who dealt with the sale & get him to confirm for you. The fact that an offer fell through for the same amount before you bought will only serve to strengthen your case.

Good Luck & Good Wishes to your Nona

Person_one

RileysMummy wrote: »

RAS - I know it's none of my business either. I only know what is in the will as she had a scare last year and has told me constantly since that if my mother tries to contest I must make sure the solicitor remembers the letter she gave him outlining exactly why she was cut out.

Person-one - The sales went through long ago. We swapped houses 2 years ago come March. She is very ill and I think it will come up soon. All the documents are in her filing cabinet (which Uncle went through and that's how he discovered all the house paperwork and a copy of her will). I also have everything from our side, valuations and brochures.

I hate the fact that he is trying to insinuate I've conned my Nona. Given that she hasn't seen him for over a year (was too busy to come last year when she was in hospital as he was going on holiday 2 days later) he's got a cheek. He's going to cause a big row and I'm dreading it. That's before I even think about the fact my Nona, who I always seen as strong and infallible, is dying. I'll be lost without her.

Thank you for your reassurance about the house. I know he is wrong, but it still panics me because it's the roof over my babies heads.

It sounds like your Nona had her head screwed on when she made her will. I'm willing to bet that thing's watertight and your uncle won't have a leg to stand on. I'm so sorry she's ill and you have to worry about your uncle's behaviour when you should be making the most of the remainder of your time with her.

I'm not sure that Uncle should have all those legal documents that aren't any of his business in his posession though, I would definitely bring this up with the solicitor.

RileysMummy

Person_one wrote: »

It sounds like your Nona had her head screwed on when she made her will. I'm willing to bet that thing's watertight and your uncle won't have a leg to stand on. I'm so sorry she's ill and you have to worry about your uncle's behaviour when you should be making the most of the remainder of your time with her.

I'm not sure that Uncle should have all those legal documents that aren't any of his business in his posession though, I would definitely bring this up with the solicitor.

Thankfully Nona knows what Uncle is like (he cancelled the 2nd funeral car at my Papa's funeral on the basis of the cost - when Nona was paying!! That's what he's like) so the set of documents he has were the ones in the section "Important Documents". There's a copy of each in all the relevant sections, a copy in her wee safe and anything that she deems as vital there is a copy with me and/or the solicitor.

I've already read the riot act at the hospital as a nurse allowed him to take the keys despite being told that me and my Aunt are the Next of Kins and I have power of atturney (I think that's what its called - we signed them at the solicitors last year. It means I'm allowed to take money from the joint account we have for funeral expenses as she hates the idea we'll all be skint paying for things before everything is sorted).


Thank you for the reassurance. Everything was done properly so I'll be telling Uncle to back off. His gripe is he thought Nona was worth more, but she's been on 4 holidays of a lifetime style trips in the last 5 years so she's spent a lot. Good on her imo!

belfastgirl23

Good for Nona

If you did everything properly through a solicitor and there were implications around 'gifts' etc then he should have advised you on this - the fact that he didn't suggests to me that your uncle is just trying to put the wind up you. I wouldn't let him succeed!

Hope that she is as comfortable as possible and that you can get through the next little while as well as possible.

Person_one

RileysMummy wrote: »

His gripe is he thought Nona was worth more, but she's been on 4 holidays of a lifetime style trips in the last 5 years so she's spent a lot. Good on her imo!

Absolutely! My grandparents are currently living it up in their retirement, going on amazing holidays and planning to have just enough left to cover their funerals when the time comes. They earned it why shouldn't they enjoy it? Their children are in their 40s and 50s and perfectly capable of standing on their own two feet!

Funnily enough I too have a relative who grumbles openly every time they announce another dream holiday or makes tasteless cracks about 'my' inheritance when they spend money on their house.

I really don't think you have anything to worry about long term, short term I think your uncle may do everything he can to drag things out and make your life a misery for a bit but you'll just have to keep your chin up and remember that you have the moral high ground. You aren't trying to take anything he's due away from him and you haven't profited unfairly from your house swap.

RAS

RileysMummy wrote: »

I've already read the riot act at the hospital as a nurse allowed him to take the keys despite being told that me and my Aunt are the Next of Kins and I have power of atturney (I think that's what its called - we signed them at the solicitors last year. It means I'm allowed to take money from the joint account we have for funeral expenses as she hates the idea we'll all be skint paying for things before everything is sorted).!

You need to learn about POAs farly urgently. If Nona is still capable of looking after her affairs, then it is OK, but unless you have a Lasting Power of Attorney, you cannot look after things when she becomes incapable. At that point you need to register with the Public guardian's office.

However, if you have a joint account, that may affect things.

The other thing is that the funeral gets paid by the executors from the estate before any other dispersment.

RileysMummy wrote: »

His gripe is he thought Nona was worth more, but she's been on 4 holidays of a lifetime style trips in the last 5 years so she's spent a lot.

Tough luck on him. And good for here.