Major inheritance worry/fall out - help please

RAS

princeofpounds wrote: »

The only complication I can immediately think of is that if you were granted POA before the will was made up then that might imply she was not of sound mind.
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Actualy the opposite is the case. The POA can only be signed if the lawyer is convinced the Nona has the full mental capacity. It is however only registered with the PGO after she loses her mental capacity.

Re-writing a will after a POA was registered would lead to questions.

patchwork_cat

Second what suited aces has said - is your Nona's estate less than £325 000. there is also papa's portion of his inheritance tax if necessary - this gives you more info here .

Without wanting you to upset your Grandmother is she able to write a letter of wishes for the executors. I think personally that these are overlooked documents and can really help to detail wishes that you wouldn't really conider putting in a legal document. It might be suitable for instances like this to say things like I don't want my granddaughter and her family to be treated any differently than my children as you all know I raised her and consider her one of my children etc. - it might just help to clarify things.

floss2

RileysMummy wrote: »

... 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.....

Keep everything - and your solicitor should still have copies (might be worth asking them to keep them active in case there is any dispute at a later date)

Sounds like your Nona had her eyes open about your uncle's possible behaviour.

RileysMummy

Thanks everyone. I've managed to grab a 5 minute chat with the solicitor this morning and he's going to go over everything with me on Friday. He's said not to worry because everything is watertight - Nona has made sure of that ever since Papa's death [there was a huge fight over shares and share certs that Uncle had for Papa].

patchwork_cat wrote: »

Second what suited aces has said - is your Nona's estate less than £325 000. there is also papa's portion of his inheritance tax if necessary - this gives you more info.

Without wanting you to upset your Grandmother is she able to write a letter of wishes for the executors. I think personally that these are overlooked documents and can really help to detail wishes that you wouldn't really conider putting in a legal document. It might be suitable for instances like this to say things like I don't want my granddaughter and her family to be treated any differently than my children as you all know I raised her and consider her one of my children etc. - it might just help to clarify things.

Thanks for that suggestion. She's not able to write anything at the moment. Hopefully she'll get better, but it's not looking too great just now. She's already done a letter explaining exactly why she has cut my mother out for in case she tries to contest it. Also in that letter she explains that she sees me as a daughter and my step-daughters as my children and her grandchildren as she knows Uncle will kick off about his daughter "only" getting the same as my son and step-daughters rather than the same as me.


It's just so sad. We all used to be very close. My Aunt is fuming at my uncle as she said she's just always assumed I'll be treated as them. As she pointed out to him I'm the one who has looked after Nona for the past 10 years. Even as a teenager I gave up nights out and holidays when Papa had dementia to give Nona breaks. It will also be me that takes Nona in if she can't cope anymore so I act like a daughter as well as get the perceived benefits. On top of him I'll also no doubt have to face my mother at some point. The joys of families!

Still she had a better day yesterday and a good night last night so fingers crossed she's on the mend!

wkdhoney

Oh RileysMummy. I can't offer anything constructive I just wanted to say I'm so sorry you have to go through this. I'm sure your Nona appreciates it. xxx

Bellemere

Hello. My husband and I have 2 young children together, but he also has 2 grown up kids from his first marriage (his first wife has since died and his 2 kids have already inherited from her). We are now writing our wills.

Does it seem fair that when the first one of us dies, we leave everything to the other spouse. Then, when the next one of us dies, we split everything in half, with my half being shared between our 2 kids, and his half being shared between all 4 kids?

Is this tax efficient? Also, if I died first, could he then change what we had agreed, i.e. split everything between all 4 kids? How can I avoid that happening? And, what would happen if one of us subsequently remarried? Do we need to think that far ahead?

Thanks for any help.

mountainofdebt

I appreciate you're new to MSE but you would have been better off starting your own thread rather but you'll know for next time, lol!

As to your question I would imagine it depends on how your home is held. If you 'own' 50% then you can leave that to whoever you want but you can put something in your will to the effect that your OH can live in the home for as long as he likes but when the house is sold the proceeds from your share is inherited by whoever you chose.

If, on your death, the house is trasferred to the surviving partner then he can do it what he wants and there is nothing you can do about it.

.....

DVardysShadow

Bellemere wrote: »

Hello. My husband and I have 2 young children together, but he also has 2 grown up kids from his first marriage (his first wife has since died and his 2 kids have already inherited from her). We are now writing our wills....

Please, Bellemere, start a new thread. Riley's Mummy might want to come back to this thread and it would not help to have your problem mixed in the middle.

Mupette

I hope your Nona is starting to get better.

Your Uncle sounds terrible and a bit of a sore looser for better words.

This isn't really related but may be of some relevance, perhaps to jog your memory of signing something similar.

2 years ago my parents decided they had, had enough of the UK and had been trying to sell their home, they wanted 70k, they hadn't put it on the market or anything as it was just something they started to think about.

OH lost his mum a year or so before, and between him and his brother they were left everything split 50/50, OH was looking to buy a house and OH asked me if my dad still wanted to sell, i told him there and then because it was my dad, i would not get involved with anything to do with buying the house, (family have a thing about accusing you of doing your parents out of money - and that is what family said to my mum after that me and OH fiddled them out of money).

Anyway, dad and OH talked and dad offered the house for 70k, OH agreed and they went through solicitors to make sure it was done properly. OH paid for all the searches and usual gumph to do with buying and selling a house, but he paid for parents solicitor as well out of kindness as my parents were about to pack up and go to France to live.

(this is the bit about signing paperwork) my dad was asked to sign paperwork to prove and to cover OH that if dad went bankrupt in the next 5 years or if he died, he could not lay claim to the house he just sold, or words to that effect.

Can you remember any paperwork like that, which would cover you and Nona, it shows that things were done all above board.

Tbh you said that you and Nona did everything all above board, your Uncle just sounds like the usual family treasure hunter that come out the woodwork when money is involved.