Waiving claim to last will and testament
Discussion
Right, here goes...
My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
pattieG said:
Right, here goes...
My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
I wouldn't waive my claim if it was what my grandmother wanted. However, I would potentially use some/all of the money to benefit my parents if they needed it.My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
pattieG said:
Right, here goes...
My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
So if and when you get any money, give it to your father. It's that simple. Nothing more needed.My father and uncle have always had issues with each other. My father and his parents had issues with each other. My father reconciled his relationship with his father a number of years ago and this fuelled animosity between my father and uncle. Recently their mother died. My father informed me that I, along with my brothers and sisters had been written into her will a few years back. My father initially said he was going to contest the will as he believes that his brother coerced his mother into changing it. He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
I don't know if I am reading the OP right but is your father no longer in his mothers will but you and your siblings are; is yours and your siblings share what your father should have received, if that is the case why would your father ask that you and your siblings waive your right to receive your share?
He definitely doesn't need the money. He only wants to do this because he feels that he has been slighted by the will and in his eyes that means his mother didn't love him. My question is can I simply waive my claim on the estate and pass it to him or does it have to be decided in court? and if it is decided in court is there a possibility that he gets nothing and neither do me and my siblings as we have waived our claim in his favour?
HTP99 said:
I don't know if I am reading the OP right but is your father no longer in his mothers will but you and your siblings are; is yours and your siblings share what your father should have received, if that is the case why would your father ask that you and your siblings waive your right to receive your share?
Yes. His share was 50% of the estate.pattieG said:
He only wants to do this because he feels that he has been slighted by the will and in his eyes that means his mother didn't love him.
<shrug> That's one for him to settle for himself. Having the money won't make any difference to that, because the wording of the will won't have been changed, nor will any feelings his mother may or may not have had toward him. All it will mean is that he has some of her money. If he thinks that's an adequate substitute, then his issues aren't financial.pattieG said:
My question is can I simply waive my claim on the estate and pass it to him or does it have to be decided in court?
You simply tell the executor you don't want your share. They distribute it according to whatever the will says about any residual amount.pattieG said:
and if it is decided in court is there a possibility that he gets nothing and neither do me and my siblings as we have waived our claim in his favour?
If you renounce your inheritance, it doesn't magically add him to the will. He's not in the will, he has no claim.If you want him to have some of your money, then you need to just take it from the executor and hand it to your father.
pattieG said:
He has now asked if I and my siblings will waive our claim to the will. I have reluctantly said yes to the request. What does this mean for me and my siblings other than we won't be receiving any of the estate? Is it possible that this could all go to court and my fathers claim be rejected? And if that happens will our claims be reinstated by the courts or have we waived our claim completely by electing our father in our place?
You have said yes but have the other siblings done the same? Besides, who would be taking it to court? Your uncle? His share is not affected. What would he hope to gain? Or is there a sub-text here between the you/your siblings we don't know about? pattieG said:
Yes, I know I should have got legal advice beforehand but I have to do what my father says out of respect and because I partially believe that the money should rightfully go to him.
You should indeed. I assume you/all the siblings have signed a disclaimer in writing. Once the executor(s) have that none of you have any control over the asset(s) involved. Read the relevant section here - http://www.mylawyer.co.uk/varying-a-will-or-the-di...One thing to consider is how old your father is and the potential inheritance tax implications of waving (which depends a bit on the amount of money involved). If adding your grandmother's estate to your father's takes him over the IHT threshold then waving is a very tax efficient thing to do, if he dies shortly thereafter. Eg grandmother leaves you and your siblings £300k and your uncle £300k. No IHT to pay. Instead you execute a deed of variation and your father gets the 300k. If his estate is already above the IHT threshold, he dies and you end up paying £120k more tax than would otherwise have been the case....
If your father is not in the will then he will not get anything whether you accept what's been left to you or not.
Take what has been left to you, it's not his choice it's yours, and it's for your benefit. Should you choose to give it to your father that's entirely up to you.
You don't HAVE to do what he says.
Frankly I'm appalled he's trying to involve you and your siblings in his squabbling with his brother.
Take what has been left to you, it's not his choice it's yours, and it's for your benefit. Should you choose to give it to your father that's entirely up to you.
You don't HAVE to do what he says.
Frankly I'm appalled he's trying to involve you and your siblings in his squabbling with his brother.
williaa68 said:
One thing to consider is how old your father is and the potential inheritance tax implications of waving (which depends a bit on the amount of money involved). If adding your grandmother's estate to your father's takes him over the IHT threshold then waving is a very tax efficient thing to do, if he dies shortly thereafter. Eg grandmother leaves you and your siblings £300k and your uncle £300k. No IHT to pay. Instead you execute a deed of variation and your father gets the 300k. If his estate is already above the IHT threshold, he dies and you end up paying £120k more tax than would otherwise have been the case....
Assuming he hasn't been left anything - or not what he thinks he's entitled to - it sounds very like you & your siblings are being used in a 'If I can't have anything then my family doesn't want anything either' game of 'Ner ner ne ner ner' with his brother.
I appreciate he's your father, but isn't it about time he grew up?
Unfortunately whilst you can choose your friends you're stuck with your family
I appreciate he's your father, but isn't it about time he grew up?
Unfortunately whilst you can choose your friends you're stuck with your family
Edited by paintman on Friday 29th April 19:24
Where there's a will, there's relatives... I suggest it would be wise for the OP to talk to a solicitor on this, with a copy of the will to show him. Sometimes people refer to wills as "leaving xxx to yyy" whereas in fact the will is more complicated, and establishes a trust.
If it is a straightforward bequest, the OP could execute a deed of variation with the Executor, after the grant of probate but before the distribution of funds. I'd still use a solicitor to draft it - there's a messy tax clause to include. This could simply nominate the OP's father (or anyone else) as the beneficiary of whatever the OP's share is. The problem in the OP's case might arise if the uncle is the executor, and for any reason doesn't want the OP's father to benefit.
I suggest that the least satisfactory thing for the OP to do would be to simply waive all rights - the executor would then have to pay it to the residuary beneficiary.
IANAL
If it is a straightforward bequest, the OP could execute a deed of variation with the Executor, after the grant of probate but before the distribution of funds. I'd still use a solicitor to draft it - there's a messy tax clause to include. This could simply nominate the OP's father (or anyone else) as the beneficiary of whatever the OP's share is. The problem in the OP's case might arise if the uncle is the executor, and for any reason doesn't want the OP's father to benefit.
I suggest that the least satisfactory thing for the OP to do would be to simply waive all rights - the executor would then have to pay it to the residuary beneficiary.
IANAL
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