Inheritence question

[pavarotti1980]

Been talking to colleague this morning about a bit of family feud regarding the will of the grandparent.

Colleagues grandmother has deliberately written will to favour one set of grandchildren over the other. £1000 for the other grandchildren (x4) and split proceeds of house to the favoured grandchildren(x3).

Family are requesting that colleague gives up some of her inheritance and that of her children to give to the unfavoured grandchildren to the tune of making their inheritance up to £5000 each.

What are the legal implications of doing this? I was under impression it would most likely be illegal to give money away from the children to others.

everyone in the office has suggested speaking to a family law/inheritance solicitor but wondered if any more advice

[TwigtheWonderkid]

I doubt it's illegal. The parents are in charge of the children's money and if they decide it's in the best interests of the children to have a more harmonious family by splitting the money more fairly, I should think that's their call.

I'm not sure about the morality though. Firstly in giving away your children's money, and secondly overriding the expressed wishes of the deceased. If someone want to make an unfair will, their wishes should really be honoured.

[Sheets Tabuer]

That's the problem with people that think it's their money, it isn't it's the person making the will. They can leave it to whomever they like, or a donkey sanctuary or alternatively put it all on black before they cark it.

If it is their express wish to divide the money like this then that is their right to do so. Perhaps they should have had a word with the person making the will (if they knew the details) rather than cry to the other beneficiaries.

[pavarotti1980]

Sheets Tabuer said:

That's the problem with people that think it's their money, it isn't it's the person making the will. They can leave it to whomever they like, or a donkey sanctuary or alternatively put it all on black before they cark it.

If it is their express wish to divide the money like this then that is their right to do so. Perhaps they should have a word with the person making the will rather than cry to the other beneficiaries.

There is only one slight issue. The will maker is dead

TwigtheWonderkid said:

I doubt it's illegal. The parents are in charge of the children's money and if they decide it's in the best interests of the children to have a more harmonious family by splitting the money more fairly, I should think that's their call.

I'm not sure about the morality though. Firstly in giving away your children's money, and secondly overriding the expressed wishes of the deceased. If someone want to make an unfair will, their wishes should really be honoured.

I have no idea about the intricacies of it and whether you could just hand over the money of your children.

I agree morally its a st trick to go crying after the event because they didnt get what they wanted. My opinion was you go with the express wish of the deceased and tough st on the unfavoured ones, they should have made more effort when grandparent was alive

Edited by pavarotti1980 on Tuesday 21st July 09:51

[Sheets Tabuer]

You caught me before the edit

[pavarotti1980]

Sheets Tabuer said:

You caught me before the edit

Im on it this morning

[dingg]

I agree morally its a st trick to go crying after the event because they didnt get what they wanted. My opinion was you go with the express wish of the deceased and tough st on the unfavoured ones, they should have made more effort when grandparent was alive


100%

its the deceased final fk you to the living world and should be respected as long as a healthy mind left the instructions

[Sheets Tabuer]

Although you do have to weigh up is it worth falling out potentially forever with family for the want of a few grand.

[Claude455]

Sheets Tabuer said:

Although you do have to weigh up is it worth falling out potentially forever with family for the want of a few grand.

This is the key factor for me.

I would leave the money left to your colleague’s children exactly as intended. But your colleague may needs to make a decision, is she prepared to give up £16,000 of her own inheritance/personal wealth to keep the others happy? If not and she says no then there are potential lifelong consequences.

[DanL]

If they agree with the changes, they may need something like this:
https://www.saga.co.uk/magazine/money/personal-fin...

A deed of variation.

[Simpo Two]

Claude455 said:

I would leave the money left to your colleague’s children exactly as intended. But your colleague may needs to make a decision, is she prepared to give up £16,000 of her own inheritance/personal wealth to keep the others happy? If not and she says no then there are potential lifelong consequences.

The angle here is that the family will 'fall out' if the fortunate recipient does not share their legally entitled inheritance with the less fortunate ones. But it is theirs, just as their house or car is. You could argue that if the less fortunate parties demand 'Give me some of your share or we will fall out' that is simply greed/sour grapes on their part. If anyone is going to cause a split, it is them.

The less fortunate ones didn't get so much. But they got something, so they should take it and be grateful, not envy others. And why the difference anyway? Maybe they weren't so nice to Granny or didn't bother to visit her?

Edited by Simpo Two on Tuesday 21st July 10:22

[randlemarcus]

Is there a clear and obvious justification for the treatment of the less favoured grandchildren? If they never came to visit, and are horrible people, stick with the will. If it's because their parents supported Liverpool rather than Leeds, deed of variation. As has been said, there will be fall out from this, and its down to your colleague to weigh it up - if they are horrible people, minimal contact going forwards may not be a Bad Thing

[TwigtheWonderkid]

Just rethinking this. all those saying the wishes of the deceased should be respected (and I was one of them), what if you had children and were widowed, and your father in law, being very old fashioned, decided to leave everything to his oldest grandchild and nothing to the younger siblings. Would you honour his wishes, or make the decision to ignore them and split the money between all your children?

[Sheets Tabuer]

There would be nothing you could do, it's not your money.

[ClaphamGT3]

As others have said, it was the Grandmother's money to leave as she wished.

Its appalling that some of the beneficiaries could challenge this

[TwigtheWonderkid]

randlemarcus said:

Is there a clear and obvious justification for the treatment of the less favoured grandchildren? If they never came to visit, and are horrible people, stick with the will. If it's because their parents supported Liverpool rather than Leeds, deed of variation.

Any member of my family supporting Liverpool or Leeds would be cut out of my will immediately.

[Claude455]

When your colleague first heard about the grandmother’s wishes was her first though, “Yep, I saw that coming” or “That seems very unfair”?

If the latter then she might have been inclined to make a rebalancing gesture off her own bat, although maybe now less inclined having been requested to do so.

[Sheepshanks]

TwigtheWonderkid said:

I doubt it's illegal. The parents are in charge of the children's money and if they decide it's in the best interests of the children to have a more harmonious family by splitting the money more fairly, I should think that's their call.

Likely it would never happen but could be a Court might disagree that giving away some of the children's money was in their best interests.

[pavarotti1980]

Just to add further context.

The less fortunate side of family never visited and when they did were not very respectful. So this probably explains the variance.

I asked the question they expected it to be like this and they said they thought the grandmother would cause a rift but they didnt know beforehand

[randlemarcus]

pavarotti1980 said:

Just to add further context.

The less fortunate side of family never visited and when they did were not very respectful. So this probably explains the variance.

I asked the question they expected it to be like this and they said they thought the grandmother would cause a rift but they didnt know beforehand

Right, so there is a clear reason for the will to be the way it is. Now, do the less fortunate side play a large role in the colleagues life?