Inheritance problems ahead ?

Annisele

HMRC publishes a brief guide to intestacy. If your parents die intestate (i.e. without a will) their assets will be distributed according to those rules - but things like houses in joint names pass automatically to the survivor, regardless of what a will or the intestacy rules say.

However...I'd say that your parents' house has nothing whatsoever to do with the pension provision you should make. You'd essentially be betting that your parents die before before you retire, and I reckon it's a bit distasteful to be planning for their early demise! (I know you didn't say that, and I'm sure that neither you nor your mother meant that - but it is the natural consequence of planning to use an inheritance for your pension provision).

Savvy_Sue

Mojisola wrote: »

Assuming that she didn't remarry

And that's another reason for leaving a will, although I know that marriage invalidates a will.

However, scenario: mother dies intestate, everything goes to father. Father goes to pieces and then remarries, dies intestate, everything goes to new wife.

Whereas if mother's will had left half the house in trust to the daughters, SOMETHING could be passed on to them.

meritaten wrote: »

sounds to me like you need to speak to dad and then get mum and dad together and sort out wills for each of them. because as the situation stands it looks like someone will get hurt, that could be you, your mum or your unknown sibling.

of course the best the OP can do is talk to both Mum and Dad, and make sure they know what will happen if they do NOT make wills. And there is nothing to stop them doing so in complete privacy, Mum does not have to know what Dad's will says and Dad does not have to know what Mum's will says.

But you can't sort out a will for someone else.

And the best advice for the OP is NOT to rely on an inheritance for their pension, as already stated.

I expect Mum is wanting to be reassuring and making things alright: which is what Mums do, but hopefully you can make provision without relying on someone dying. People live longer and longer these days, maybe a jokey response along the lines of "inheriting my pension from you and Dad, I could be waiting a long time to retire, couldn't I?"

Sorry, just realised I hadn't read the whole thread. But great minds and all that ...

Oh, and you also don't want to be relying for your pension on an inheritance which MIGHT be contested by a half-sibling, do you? That could take a long time to sort out as well ..

Mojisola

hundredsandthousands wrote: »

The house is in both their names.

There are two ways to jointly own a house - "joint tenants" and "tenants in common".

If your parents are joint tenants, then whoever dies first, the whole house will belong to the survivor. The house will not be included in the will or the estate under intestacy rules. So, unless your parents have a lot of money in savings, if your Dad died first without a will, your Mum should inherit everything. Unless your half-sibling is being financially supported by your Dad at the time of his death, he/she will have no claim on the money.

If your Mum died first and Dad inherits everything, on his death - without a will - your half-sibling will inherit an equal share with you and your sister.

If they are tenants in common, they each own part of the house and the value of that part will be included in the estate.

*Chattie*

I would forget the supposed inheritance and concentrate on getting a pension. My neighbour will be 100 next week, her daugher is 80, your parents could both live to 100 and there you would be with no pension plans in place, aged 80 and still waiting.

hundredsandthousands_2

I am arranging my own pension anyway , this was what sparked off the whole conversation in the first place. My parents are only 21 years older than me so I am not relying on them for anything.

spoke to my mother early this morning and she was shocked when I told her all the complications that could arise, she said she was going to write a will and will be speaking to my dad.
I told her I dont mind if the other child gets something ,
and thats their business.

ceridwen

Gigglepig wrote: »

If this child inherits a share of the house from the dad why is that a "problem"? It is not a bit harsh that he or she would get nothing from their dad?

If I were in this position I'd want the sibling to have their fair share, i.e.

Your mum's 1/2 of the house divided between you and your sibling
Your dad's 1/2 of the house divided between you, your sibling and your half sibling

This is just my opinion, obviously your parents are free to do whatever they like :-)

I would imagine that if the father of OP had had his say in whether this child was to be concieved in the first place that he would be maintaining some sort of relationship with that child subsequently. The fact he would not appear to have anything to do with the child probably means that he didnt choose for them to be born - and therefore wouldnt choose for them to inherit anything.

ceridwen

McKneff wrote: »

My apologies OP, It was just an impression I got from when you said 'this person'

I know you are loyal to your mum and feel for her myself, but do yu have any desire to see this
half sister/brother, obviously not with your mothers knowledge, have you had any thoughts that this
sibling is thinking that 'I have a half sister and brother that I have never met. Im a typical peacemaker so
i tend to look at things from both points of view. Do you have any personal point of view (and Im not
talking about money)

I would think it would be very divisive all round for OP to meet this half-sibling.

It would be disloyal to her father (as it would appear he didnt want this child as far as we can see).

It would also possibly not make the half-sibling feel too good either. They have probably had years of having been told "That ratbag man ran off and left me when I fell pregnant" by their mother and it might turn them rather against their own mother to be told "the other side of the story" (ie "I didnt mean her to get pregnant - but she did anyway"). Might as well just leave well alone even from the pov of the half-sibling. If they are a fair-minded person - then they will probably realise, of themselves, that there are two sides to that story. But, even if they do, then why would they want contact with half-siblings anyway?

jetta_wales

ceridwen wrote: »

I would imagine that if the father of OP had had his say in whether this child was to be concieved in the first place that he would be maintaining some sort of relationship with that child subsequently. The fact he would not appear to have anything to do with the child probably means that he didnt choose for them to be born - and therefore wouldnt choose for them to inherit anything.

He chose to risk the conception of a child. The fact that you can not force somebody to have an abortion does not mean you did not chose for the child to be born. If you chose to risk conception then you chose to take the chance that a child of yours will be born.

jetta_wales

ceridwen wrote: »

I would think it would be very divisive all round for OP to meet this half-sibling.

It would be disloyal to her father (as it would appear he didnt want this child as far as we can see).

It would also possibly not make the half-sibling feel too good either. They have probably had years of having been told "That ratbag man ran off and left me when I fell pregnant" by their mother and it might turn them rather against their own mother to be told "the other side of the story" (ie "I didnt mean her to get pregnant - but she did anyway"). Might as well just leave well alone even from the pov of the half-sibling. If they are a fair-minded person - then they will probably realise, of themselves, that there are two sides to that story. But, even if they do, then why would they want contact with half-siblings anyway?

:rotfl:

That's so ridiculous it's funny. What utter nonsense.

Plans_all_plans

ceridwen wrote: »

I would think it would be very divisive all round for OP to meet this half-sibling.

It would be disloyal to her father (as it would appear he didnt want this child as far as we can see).

If he didn't want to risk a child being conceived, then playing away wasn't the brightest of ideas. Also, I don't think the father is in any position to be pontificating about disloyalty.

No offence intended OP, but ceridwen always seems to think that men should have some sort of say in whether children come into this world or not and it is annoying in the extreme. Whatever your views on your half-sibling, they did not ask to be born as I'm sure you are aware.

I hope you've found your answers. Best wishes OP.