Should my brother get 1/5th if mums estate ( morally )

diystarter7

"morally" or not threads like this and news items like this really wind me up. The choice of who and what goes to who should always be the decision of the person/s that have left the wealth.

How would people feel here if you left x amount to to   ZZ and left xx to CCC and left XXXXXXX to HHH and then and then ZZ & CCC were unhappy as HHH was left with a lot more cash/assets and the courts over-ruled your loved ones decision.

Yes, the person has to have capacity when making a will but that is it.

A friend of mine was telling me at work that two of his children only trouble him when they needed something like cash otherwise he never heard from them and the other two made every effort to see him and invite him over and never asked for anything and were supportive and was considering leaving his flat to the those two and was worried about recent news items were courts overturned decisions.

Keep_pedalling

diystarter7 said:

"morally" or not threads like this and news items like this really wind me up. The choice of who and what goes to who should always be the decision of the person/s that have left the wealth.

How would people feel here if you left x amount to to   ZZ and left xx to CCC and left XXXXXXX to HHH and then and then ZZ & CCC were unhappy as HHH was left with a lot more cash/assets and the courts over-ruled your loved ones decision.

Yes, the person has to have capacity when making a will but that is it.

A friend of mine was telling me at work that two of his children only trouble him when they needed something like cash otherwise he never heard from them and the other two made every effort to see him and invite him over and never asked for anything and were supportive and was considering leaving his flat to the those two and was worried about recent news items were courts overturned decisions.

Perhaps best not to comment if it winds you up so much. In this case it could well be that the estate is owed money by the brother so it is just not a mortal question.

The OPs mother may not have even been aware how much money her son had been given by her husband over the years when she made this will.

CKhalvashi

The question you need to ask yourself is whether you'd be willing to give up the share of these investments if they'd come good (assuming the money was secured by shares).

If you still wish to challenge you'll need legal advice, as this is far outside the realms of these forums.

Pollycat

CKhalvashi said:

The question you need to ask yourself is whether you'd be willing to give up the share of these investments if they'd come good (assuming the money was secured by shares).

If you still wish to challenge you'll need legal advice, as this is far outside the realms of these forums.

I don't think the OP wishes to challenge at all.

It's a 'moral' question - as per the thread title.

IAMIAM

Do what is right legally. You cannot live life expecting everyone (ie your brother) to think like you unfortunately. Thats life.
Challenge nothing, and do what is brain right not what is heart right. Democracy, one set of laws, that we as a society abide by, you cannot pick and chose when you want to apply it.

My dad could have lent my brother 25k, dropped dead the day after, and then his will says split everything evenly. It is up to the brother who receives his share to decide what is morally right and whether that 25k is included or not. You just follow the legal wishes. 

IAMIAM

diystarter7 said:

"morally" or not threads like this and news items like this really wind me up. The choice of who and what goes to who should always be the decision of the person/s that have left the wealth.

How would people feel here if you left x amount to to   ZZ and left xx to CCC and left XXXXXXX to HHH and then and then ZZ & CCC were unhappy as HHH was left with a lot more cash/assets and the courts over-ruled your loved ones decision.

Yes, the person has to have capacity when making a will but that is it.

A friend of mine was telling me at work that two of his children only trouble him when they needed something like cash otherwise he never heard from them and the other two made every effort to see him and invite him over and never asked for anything and were supportive and was considering leaving his flat to the those two and was worried about recent news items were courts overturned decisions.

THIS IS EXACTLY RIGHT and EXACTLY how a judge sees it. It is why they are appointed. Bicker between yourselves after. Although, here, the parent has decided what a 'good' child should be and not realised, people have different views and opinions of how to live THEIR life. Just like expecting grandparents to baby sit day in day out. They have done that once already, they usually are forced to do it again due to conforming to societal norms when in fact they should live their life how they want.

Keep_pedalling

IAMIAM said:

Do what is right legally. 

My dad could have lent my brother 25k, dropped dead the day after, and then his will says split everything evenly. It is up to the brother who receives his share to decide what is morally right and whether that 25k is included or not. You just follow the legal wishes. 

No, it would not be up to the brother to decide. He borrowed the money so the loan is repayable to the estate, so assuming there are 2 siblings then it either has to be repaid before distribution or your brother gets £12,500 less from the remainder of the estate.

In the OPs case loans seem to have been made, although possibly to defunct Ltd. Companies which the brother was a director so it is not that straight forward.

There are no such thing as legal wishes.

rose28454

I don’t intend to do anything illegal and my brother and my other siblings have left it all to me to do and especially my brothers were not bothered about her when she was alive so why would they care now 
we had a brief Meeting last week about valuing the house and my brother suggested we use the estate agent he Uses to market his properties. We’ve already had one valuation and that estate agent is coming tommorow to do another one. The first estate agent said just remove personal photos etc but leave furniture as buyers like to see it furnished. 

Spoke to my younger sister today about the will and she agreed the sharing of the money and the mortgage needs discussing. I did mention how much was outstanding at the meeting but there was no reaction. There is also an £8000 loan for the windows and he asked if this was secured on the property or could we walk away from it. It is a loan that replaced grants from councils some years ago and is interest only with capital repaid at death. I said yes there is a charge on the house so of course it has to be repaid. We arranged it when dad died as the house had really draughty ones and the power bills were horrendous and Dad would never spend any money on the house . 

I have executed the estate correctly and am just awaiting probate to move forward. I know the legalities of this matter my question is a moral one 

Mojisola

I wouldn't use the EA who has links with your brother. 

BrassicWoman

Unsecured loans still need repaying from the estate. Walking away would not be legal.