Not wanting an inheritance
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Thank you all for replying. I said 'daughter' last time as I was thinking she might come on here and I didn't want her to know it was me writing, (though I think she might) have realised. I forgot I had done that. The thing is, she did say she was joking back then but the way in which she said it and the messages she has sent me since then via Facebook have shown that she was not joking but is serious. As far as I know she has yet to see a solicitor but she plans to very soon. I am on benefits for reasons of health-both mental and physical- and will be a pensioner within a few years, so I am also thinking of possible care homes fees if needed at a later date. I own my own house and would be fine with its being sold for care home fees. Her house is not worth a great deal (though probably worth more than mine) as we live in a bad area, so not much would be left anyway after legal fees etc. It is helpful to know that I would not be left with nothing to live on in the event of the will being contested, though would I have to pay any benefit back recieved from the date of death to the date of my getting (if I do) any inheritance, as the ammount I might get from the inheritance would probably be very small? I really want her to leave me out of it all0
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I am on benefits for reasons of health-both mental and physical- and will be a pensioner within a few years, so I am also thinking of possible care homes fees if needed at a later date.
Have you obtained a State Pension Forecast? The State Pension isn't means-tested. And a number of benefits come with National Insurance credits, which means you build up State Pension entitlement while you are on them.
In that case it seems even less worth worrying about. This gives her even more reason to leave it to charity because that way it will make a big difference to someone's life, even if it's a small amount. Plus the charity will get the job of sorting out the sale. But I'm preaching to the converted.I own my own house and would be fine with its being sold for care home fees. Her house is not worth a great deal (though probably worth more than mine) as we live in a bad area, so not much would be left anyway after legal fees etc.
Very, very few people who own a house run out of money after going into care. Care homes are very expensive but very few people in them live long enough. There is a good chance that you do not exhaust your own assets, and her legacy would go to whomever you left it in your own Will.
No. Until it's in your hands it's not your money.though would I have to pay any benefit back recieved from the date of death to the date of my getting (if I do) any inheritance
(Unless deliberate deprivation applies.)0 -
Thank you for your reply. I got a pension forecast when this situation began.
I agree with you that leaving the houset to charity (if she does decide to disinherit her son) would be the best solution, as giving it to any one of her friends would cause them so many problems with her family, while a charity could defend itself. And it could make a big difference (in a positive way) to those who rely on the charity for support and help (as you have pointed out).
The deliberate deprivation of assets rule is why, if she left it to me, I would have to accept it, but if her family contested the will, I would not fight them. Would this count as deprivation of assets if I just sat back and did nothing and let them fight it out with their solictors, and then accepted whatever outcome were to arise?0 -
Would this count as deprivation of assets if I just sat back and did nothing and let them fight it out with their solictors, and then accepted whatever outcome were to arise?
No. Losing a court case is not deliberate deprivation. Even if you put up a rubbish fight. The judge took the money away, not you.
Has she told you who she is going to appoint as executor? If she's going to try to land you with the job as well as the money, then in the event of her death, you need to take absolutely no action (do not start contacting her utilities or banks or anything like that) and renounce the executorship.
If she appoints someone else as executor, it will be their job to defend any claim, not yours as beneficiary. They may ask you to give evidence but you can just say no, or ignore them.0 -
Thank you for your very useful reply. As far as I know I will not be the executor, but if I am, I will do as you suggest and renounce the role.
Could you clarify a couple of things for me:
I have read that these sort of disputes are often settled without going to court. If so, is it still a judge who would settle it? I am checking as if it were their solicitor and the executor who thrashed it out, would this still cover me re. deprivation of assets?
I have also read that if this sort of case goes to court, that the losing side can be ordered to pay the costs of the winning side. I could not afford to pay these costs if I lost and could not afford a lawyer either.0 -
If a judge is settling it then it's gone to court.
You can settle without going to court just by getting you and the son in a room together. Or you could use a more formal mediation process.
However, the only thing mediation could accomplish would be to persuade you to agree to vary the estate in favour of the son at your expense. You should not do that because it would be deliberate deprivation.
The son's solicitor and executor could not thrash it out between them. The executor must distribute the funds in accordance with the Will. Any pre-court settlement to vary the estate in favour of the brother at your expense would involve a Deed of Variation (or disclaiming), which could only be done with your agreement, and you should avoid that as it would be deliberate deprivation.
In the event the Will was contested, legal costs would be paid by either the estate or the son or both. Not by you personally. If the son achieved total victory (I'm not sure this is at all likely if he wasn't being maintained) then all legal costs would be paid by the estate and would come out of his inheritance.0 -
Maybe you could write your friend a letter or an email explaining why you feel strongly about being excluded from the will. Explain that this will cause you a lot of anxiety about a potential legal battle and the costs involved in that. You could copy the solicitor in on it.0
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If a will with you as a beneficiary was contested why would you try to defend if you did not want the inheritance.0
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Maybe you could write your friend a letter or an email explaining why you feel strongly about being excluded from the will. Explain that this will cause you a lot of anxiety about a potential legal battle and the costs involved in that. You could copy the solicitor in on it.
Way OTT. OP is simply winding herself up; this is never going to happen.0
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