Preventing a family member inheriting money?
Preventing a family member inheriting money?
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schmalex

Original Poster:

13,616 posts

236 months

Saturday 23rd December 2017
quotequote all
Hi folks,

Hypothetically speaking, if there was a death in a family and a potentially large amount of money was to be shared out between siblings, is there any way of either preventing one of them gaining access to their share, or only receiving their share if they agree for its stewardship to be carefully managed by others?

Particularly so if the person has a history of extremely poor financial management.

InitialDave

15,123 posts

149 months

Saturday 23rd December 2017
quotequote all
Is this a question about how to word such a clause in a will for future issues, or relating to an inheritance from someone who has recently died?

If it's the latter, I doubt you can do anything if they're nominally responsible for themselves as a mentally competent adult. IANAL.

TooMany2cvs

29,008 posts

156 months

Saturday 23rd December 2017
quotequote all
schmalex said:
Hypothetically speaking, if there was a death in a family and a potentially large amount of money was to be shared out between siblings, is there any way of either preventing one of them gaining access to their share, or only receiving their share if they agree for its stewardship to be carefully managed by others?

Particularly so if the person has a history of extremely poor financial management.
You could apply for a variation of the will, leaving their share in trust.
https://www.gov.uk/alter-a-will-after-a-death

brman

1,233 posts

139 months

Saturday 23rd December 2017
quotequote all
TooMany2cvs said:
schmalex said:
Hypothetically speaking, if there was a death in a family and a potentially large amount of money was to be shared out between siblings, is there any way of either preventing one of them gaining access to their share, or only receiving their share if they agree for its stewardship to be carefully managed by others?

Particularly so if the person has a history of extremely poor financial management.
You could apply for a variation of the will, leaving their share in trust.
https://www.gov.uk/alter-a-will-after-a-death
except the first line of that link has a very relevant point:
"You can change a person’s will after their death, as long as any beneficiaries left worse off by the changes agree.".



TooMany2cvs

29,008 posts

156 months

Saturday 23rd December 2017
quotequote all
brman said:
except the first line of that link has a very relevant point:
"You can change a person’s will after their death, as long as any beneficiaries left worse off by the changes agree.".
But of course.

It'd be a bit st if you could be easily done out of an inheritance just by somebody saying "Oooh, they shouldn't have it", wouldn't it?

If they're aware that they're st at financial self-control, then they may well be happy for it to be in trust.

Edited by TooMany2cvs on Saturday 23 December 14:51

4x4Tyke

6,506 posts

162 months

Saturday 23rd December 2017
quotequote all
schmalex said:
Hi folks,

Hypothetically speaking, if there was a death in a family and a potentially large amount of money was to be shared out between siblings, is there any way of either preventing one of them gaining access to their share, or only receiving their share if they agree for its stewardship to be carefully managed by others?

Particularly so if the person has a history of extremely poor financial management.
It will depend on who wants to do this, the testator or one of the beneficiaries/siblings.

If it is the testator, then a trust might be an option.

https://www.which.co.uk/money/wills-and-probate/pa...

brman

1,233 posts

139 months

Saturday 23rd December 2017
quotequote all
TooMany2cvs said:
brman said:
except the first line of that link has a very relevant point:
"You can change a person’s will after their death, as long as any beneficiaries left worse off by the changes agree.".
But of course.

It'd be a bit st if you could be easily done out of an inheritance just by somebody saying "Oooh, they shouldn't have it", wouldn't it?

If they're aware that they're st at financial self-control, then they may well be happy for it to be in trust.

Edited by TooMany2cvs on Saturday 23 December 14:51
Absolutely, maybe me jumping to conclusions but I got the impression from the OP that the sibling would not be a willing party in this.

anonymous-user

84 months

Saturday 23rd December 2017
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Do not do estate planning via an internet car forum . I recommend Zoe Barton at Wilberforce Chambers for direct access expert advice.

thepeoplespal

1,694 posts

307 months

Saturday 23rd December 2017
quotequote all
I'd agree on not relying on a car forum for advice, but people don't know what they don't know.

If the person is feckless and on benefits and the money is fairly sizeable then a trust might be an option that is in that persons best interests as they may get to use money without disbarring them from all the state has to offer (not popular option on this forum).

If it's from a parent looking to stop a child from inheriting money, the will can be fought if they can show they are not provided for and they are a dependent.

I suspect it might be a trust that can provide for the feckless individual while stopping them make stupid decisions and spending it all; that you will be looking for.

I'm not sure there is appropriate wording to stop a will being contested by an aggrieved party, always thought that a clause that puts all legal costs on family member contesting the will might have some standing, or a clause that voids the provisions in the will and cuts the member or members contesting the will entirely out of the will might be the way to go; but it would nice to know if this is possible.

schmalex

Original Poster:

13,616 posts

236 months

Saturday 23rd December 2017
quotequote all
Thanks for the advice, folks.

It’s a child (40’s) trying to protect a parent (60’s) from themselves

anonymous-user

84 months

Saturday 23rd December 2017
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If the parent has full capacity, they have the right to make mistakes. Don't be their mum!

hajaba123

1,338 posts

205 months

Saturday 23rd December 2017
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schmalex said:
Thanks for the advice, folks.

It’s a child (40’s) trying to protect a parent (60’s) from themselves
Honourable if it is this, or is the child trying to mak3 sure there’s something left for them.....?

konark

1,239 posts

149 months

Saturday 23rd December 2017
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Is the beneficiary bankrupt? If so the money will be taken to give to their creditors.

If beneficiary has debts the executor could offer to pay these off but only with beneficiary's consent.

anonymous-user

84 months

Saturday 23rd December 2017
quotequote all
hajaba123 said:
Honourable if it is this, or is the child trying to mak3 sure there’s something left for them.....?
I suspect the latter. Inheritance is so toxic and distorting.

schmalex

Original Poster:

13,616 posts

236 months

Saturday 23rd December 2017
quotequote all
Breadvan72 said:
hajaba123 said:
Honourable if it is this, or is the child trying to mak3 sure there’s something left for them.....?
I suspect the latter. Inheritance is so toxic and distorting.
No. The child wouldn’t be interested in any of it. The child would prefer that the beneficiary spent the money wisely during their retirement rather than squandering it on toys that they can’t afford as the beneficiary didn’t have the forethought to invest in a pension during their working life

Caddyshack

14,945 posts

236 months

Saturday 23rd December 2017
quotequote all
TooMany2cvs said:
You could apply for a variation of the will, leaving their share in trust.
https://www.gov.uk/alter-a-will-after-a-death
You can only vary the will if the beneficiary agrees

it needs to be in trust and the trustee decides if in the best interests of the beneficiary to do that.

thepeoplespal

1,694 posts

307 months

Saturday 23rd December 2017
quotequote all
Inheritance can be toxic if people allow it to be toxic.

My mum died a few weeks ago & my sister & step brother get what ever is left in the will after the equity release loan is paid off. For the help my step brother and his partner have given my mum, I couldn't see anyone more deserving. As for my sister, I got funds to go to University my sister never got, so it is evening up things, to my mind.

I could see that I, my brother & other step brother and step sister could all take the hump, but overall I think my mum did the right thing.

Caddyshack

14,945 posts

236 months

Saturday 23rd December 2017
quotequote all
thepeoplespal said:
Inheritance can be toxic if people allow it to be toxic.

My mum died a few weeks ago & my sister & step brother get what ever is left in the will after the equity release loan is paid off. For the help my step brother and his partner have given my mum, I couldn't see anyone more deserving. As for my sister, I got funds to go to University my sister never got, so it is evening up things, to my mind.

I could see that I, my brother & other step brother and step sister could all take the hump, but overall I think my mum did the right thing.
That's a very grown up and sensible view though, many do not see it that way. Good on you though

Tannedbaldhead

3,205 posts

162 months

Saturday 23rd December 2017
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When a friend of the family died the problem of an alcohol and drug addicted son squandering his inheritance was solved by buying him a flat, placing the flat in the joint names of his siblings but giving him tenure for life. On his death the flat shall pass on to his only child.
What I don't know is whether this arrangement was agreed to or delivered on a take it or leave it basis. What's more if it was a deal forced upon him the fact such a deal can be done in Scotland doesn't mean you could do the same South of the border.

Edited by Tannedbaldhead on Saturday 23 December 22:41

schmalex

Original Poster:

13,616 posts

236 months

Saturday 23rd December 2017
quotequote all
schmalex said:
Breadvan72 said:
hajaba123 said:
Honourable if it is this, or is the child trying to mak3 sure there’s something left for them.....?
I suspect the latter. Inheritance is so toxic and distorting.
No. The child wouldn’t be interested in any of it. The child would prefer that the beneficiary spent the money wisely during their retirement rather than squandering it on toys that they can’t afford as the beneficiary didn’t have the forethought to invest in a pension during their working life
Thinking about it, perhaps “preventing” was the wrong word to use. It’s more about ensuring any inheritance doesn’t get squandered on toys, as is highly likely, and is stewarded accordingly to ensure that it is spent in an appropriate manner.