Real Life MMD: Should my brother get his share of Mum's will?

marich

It's your Mum's will . Not yours .

It might seem unfair about the 'loan' , but that's it . Unfortunately it's deaths that can cause more and deeper strife in families than when folk are alive and can still sort things out .

Be thankful there's something there for you , get past your resentment , get on with your life . Forget it .

scottish_blend

So, you're fighting over your mother's money, before she's even gone? Wow. Go you! She must be very proud.

macwah97

Hi All,

Similar scenario happened to me. My father lent me £5k and said nothing about it. He had had it written into the will and after he died the will stated that any monies due to me would be after the £5k had been deducted. Which to be fair I agreed with - this had been done with the consent of my mother and brother.

Maybe your Mum could make a change which reflects something similar.

Just a thought

macwah97

marich wrote: »

It's your Mum's will . Not yours .

It might seem unfair about the 'loan' , but that's it . Unfortunately it's deaths that can cause more and deeper strife in families than when folk are alive and can still sort things out .

Be thankful there's something there for you , get past your resentment , get on with your life . Forget it .

I agree with this. Years before my father died he spoke to a solicitor about the benefits of writing a will. The solicitor's reply was very honest - Even if you have only a bicycle to leave someone will want the bell - another the pump etc etc - if you get my drift - essentially pulling something apart - in many cases just for the sake of it.......

tillyme

Dont worry too much about it coz if your mum lives long enough - and i hope she does - she will need care and her money will be taken by the government to pay for it and there wont be anything left to fight over!!

relaxtwotribes

Your mother was astute enough to have written a will. In it she left her estate divided equally between the 8 of you, so it makes sense to conclude that she did so with a desire to be fair to all of you. It would seem then that the 'bother' that she feels stems from the unfairness of one sibling having had £5,000 and not repaid it, whilst the other 7 have not had such a benefit.

However, the degree to which she is bothered does not extend to her either being forceful in requesting repayment of the loan, or making a new will (or a codicil) to redress the fairness issue.

If she is not that bothered, then she is making a positive decision to leave matters as they are. In which case, you should respect that decision.

meknowalot-51

What you should do first is tell your brother of your mums intentions and she feels awkward about asking you for the money that you owe her.Tell him to do the decent thing and confront your mum about the debt and reasure her it's going to be payed back as soon as.If he tells you to mind your own then at least you'll know what sort of a person he is or he may have made arrangements already and your mums forgotten.At the end of the day she lent him the money and she should confront him.You could offer moral support and go with her.They have definately got to meet up and TALK.I'm sure he has a genuine reason for not paying anything at the moment.Or perhaps he thinks there's no urgency and she's loaded.Remember this,when he borrowed the money he said he would pay it back when he could,so in effect he's done nothing wrong unless you can prove otherwise.Failling that she should put a clause in the will that his inheritance will be minus 5k.

james_shore

This happened to me I borrowed £3000 from my mother, when she died my 2 sisters and I each each got a third of her estate, now I had promised my mother that I would settle the difference and I did giving both sisters £1000 out of my share.
So the brother should have the decency to do the same, but it would appear he doesn't have the integrity that I have.

milvusvestal

The money your brother had was a loan, not a gift-inter-vivos, ie a lifetime gift, and interest should be paid on it. On your mother's death, the loan will be repayable in full, with interest from the date of her death to the date of repayment.

If he can't, or doesn't want, to repay the money by financing elsewhere, your mother's executors should deduct the outstanding sum from your brother's share in the estate. They would be culpable if they failed in their duty to do this, as the loan is an estate asset that should be collected and distributed in accordance with the terms set out in her will.

JayD

Briefly - It is HER will, HER money, HER decision!

You are not your brother's (or your mother's) keeper!