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My brother has been gifted a house

Lifeischoas
Posts: 13 Forumite
So this is going to be long, bare with me.
My paternal grandmother died 8 years ago leaving me and my eldest brother 10000 in trust (she was very old fashioned and we were the only grandchildren born in wedlock), she also left all grandchildren including my 3 half siblings and my brother and I 1000 each.
Fast forward 8 years and I have just found out that my grandmother on her deathbed (cancer) gifted my younger half brother a farm, with the reasoning being that she didn't want my mother to get hold of any money/land if me or my brother had been gifted the farm.
Now apart from the point that I feel incredibly betrayed by this being kept a secret and confused at why or even how my mum would of gotten hold of the land (she divorced my farther and never went after any money 17 years before this 'gift') I can't help but feel like I should try somehow to get this farm put into all 5 siblings names.
Without going into more details it's my understanding that she only gifted it this way because my step mother planted the seed that me and my brother would give any of this to my mum.
By the way I have never fallen out with my step mum (I thought we had a good relationship till this bombshell) and I got along well with my gran. No body knows that I have found out and the only people currently in on the secret of this gift are my dad, step mum and younger brother. All of the rest of her estate was split between my step mum and dad.
Should I look into legal advice or do I have no hope?
My paternal grandmother died 8 years ago leaving me and my eldest brother 10000 in trust (she was very old fashioned and we were the only grandchildren born in wedlock), she also left all grandchildren including my 3 half siblings and my brother and I 1000 each.
Fast forward 8 years and I have just found out that my grandmother on her deathbed (cancer) gifted my younger half brother a farm, with the reasoning being that she didn't want my mother to get hold of any money/land if me or my brother had been gifted the farm.
Now apart from the point that I feel incredibly betrayed by this being kept a secret and confused at why or even how my mum would of gotten hold of the land (she divorced my farther and never went after any money 17 years before this 'gift') I can't help but feel like I should try somehow to get this farm put into all 5 siblings names.
Without going into more details it's my understanding that she only gifted it this way because my step mother planted the seed that me and my brother would give any of this to my mum.
By the way I have never fallen out with my step mum (I thought we had a good relationship till this bombshell) and I got along well with my gran. No body knows that I have found out and the only people currently in on the secret of this gift are my dad, step mum and younger brother. All of the rest of her estate was split between my step mum and dad.
Should I look into legal advice or do I have no hope?
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Comments
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People can leave what they like to whoever or whatever they like.
There is no entitlement by relatives (except I think if intestate).
Grannie could have left everything to Battersea dogs home, and why not.
I'm sure you are pleased for your brother & his good fortune.0 -
When you say "farm", do you actually mean a proper commercial farm? Or do you just mean a house with a bit more land than average?
First off, you need to all decide if you actually all want 20% of the farm. Or if you actually want 20% of the value of it. Think about how workable it'll be to make decisions on the running of the business. On a practical level, only four people can jointly own property. So the usual way of doing multiple ownership (say, freehold of a block of flats) is to have the property owned by a company, and shares of the company owned by the individuals. Considering it's as much a business as a property, you'll probably find it's already being run as a limited company, although how the property is owned is a separate question.
You all then need to ask your brother nicely if he wouldn't mind giving away 80% ownership of his home and business...
That apart, not a hope in hell. If it was left to him in the will, you'd have a period of time to challenge that - but that's a LOT less than the thick end of a decade. But a gift while she was still alive and, presumably, of sound mind...? Nope.0 -
Thanks for getting back to my thread. It's a full working farm but on a long tenancy, has been rented with the same family for decades and due to the long tenancy he only gets a shockingly low £200 a month with no hope of increasing it or selling the farm due to that, they have the right to pass it down in their own family. This isn't about us having money etc it's about all siblings being equal. I'm close to my younger brother and guess I'm just reeling from finding out about it, I will have to have the the awkward conversation of telling him I've found out about this.0
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OK, so if it's unsaleable and let - and this really isn't "about the money", simply about the "fairness" - then you'd be quite happy for him to simply gift you and each of your siblings £40/each a month (less any expenses), your share of the rent?
That way, you get all the benefit and none of the hassle. Job jobbed!0 -
Lifeischoas wrote: »This isn't about us having money etc it's about all siblings being equal.
You and your eldest brother have done something about sharing the extra £10k you had from your grandmother, then, I take it?
I mean, I can understand it must be upsetting to find out the gift was kept secret to keep it out of your mother's hands, but I'm not entirely sure you've come off much worse, if the farm can't be sold and is only worth a couple of hundred a month (less any expenses and hassle of being a landlord.)0 -
Lifeischoas wrote: »This isn't about us having money etc it's about all siblings being equal.
There is no right in law for siblings, half siblings or illegitimate siblings to be treated equally by any family member in their will, unless they were dependants of the person who has died.
Your grandmother's wish was for your half brother to have the farm and you should respect her wishes.
Greed and claims of unfairness relating to a broadly similar event have precipitated a tragic event in my extended family just days ago. My advice would be just to forget the matter.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
I’d like half your wages this month please... both your claim and mine have the same legal merit.0
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The 10k wasn't actually given to us till I turned 25 (I've only just had my birthday) and my step mum and dad decided to gift the other 3 kids 5 grand each to make it equal so it wasn't in my hands at that point. Maybe I'm just far more moral than the rest of my family as I would never unequally divide our assets to my own 3 children.0
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Lifeischoas wrote: »The 10k wasn't actually given to us till I turned 25 (I've only just had my birthday) and my step mum and dad decided to gift the other 3 kids 5 grand each to make it equal so it wasn't in my hands at that point. Maybe I'm just far more moral than the rest of my family as I would never unequally divide our assets to my own 3 children.
But that's not the same thing.
You aren't more moral, you have different morals; learn the difference0 -
Lifeischoas wrote: »................. Maybe I'm just far more moral than the rest of my family as I would never unequally divide our assets to my own 3 children.
Me, I told my 3 kids they should assume they'll get nothing as I am drinking all the assets: (serious point being that........) I wanted them all to be self-sufficient, run and pay for their own lives - which they largely have, and are all hard-working decent people.
Anyway, who knows with government claw-backs for care-home fees, there might be nothing anyway.0
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