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Legal, pensions and money

Family falling out present and future

(8 Posts)
supergabs1960 Tue 22-Oct-19 15:44:29

My MIL, DH and I all live together and have done for over 10 years. We all get on together very well. In the last couple of years MIL's health has declined and now my DH is a full time carer for her. I work full time. MIL is frail and disabled and we both look after her along with a carer who comes in once a day to help her get washed and dressed in the morning. My DH and I have lasting power of attorney (financial).

MIL has fallen out with her other son after he visited her and behaved in a very threatening way, demanding to know about "the money". We have no idea what he meant because when she tried to get him to calm down he stormed off. We think it may have something to do with the fact that his MIL and FIL both died recently and were found to have 'secrets' (his words). The only contact since has been a couple of nasty emails from him that upset MIL very much.

Several years ago MIL decided to leave her estate (her share of the house we live in) solely to my DH for various reasons and has written a letter, kept with her will, to explain why. This was way before the falling out and the other son doesn't know about this. I find this all very strange but I try to keep out of it. I would prefer all this to be out in the open.

We are really worried about what he can do legally about the will when the time comes. My DH, MIL and I have a percentage share each of the house we live in together and if he tries to contest the will we may be forced to sell.

Do we have anything to worry about?

Amagran Tue 22-Oct-19 15:55:01

My sympathies to you for having to deal with this difficult situation. I didn't want to read and run, but I really can't advise other than to suggest that you seek proper legal advice to try to preempt any move by your BiL.

FlexibleFriend Tue 22-Oct-19 16:52:55

If it comes to it you could take equity release and pay the brother off that way. Although anyone should be able to leave what they want in their will to whoever they choose. What grounds would he contest the will on, when his mum lives with you and between you and your husband provide her care and have done for over 10 years. I think you're worrying unnecessarily.

Dee1012 Tue 22-Oct-19 17:02:16

So sorry to read this.
As someone else has suggested, perhaps speaking to a solicitor (probate specialist) and ensuring that things are 'watertight' will ease your concerns?
I'd also suggest printing off emails and keeping a record of any contact from him.....
Best of luck going forward.

M0nica Tue 22-Oct-19 17:19:23

Speak to a solicitor and confirm that everything is above board, but if your MiL has properly drawn up will, accompanied by a letter explaining why she has made the decision that she has made and it is clear that your MiL was in her right mind at the time te will was made, then there is nothing your BiL can do about it.

But as I said, for your peace of mind, get everything reviewed by a solicitor specialising in wills and probate.

Fiachna50 Tue 22-Oct-19 17:32:16

I would agree, speak to a solicitor. They can advise you best.

Davidhs Tue 22-Oct-19 20:45:29

It all depends on the wording of the will a solicitor will interpret it for you. For a will to be overturned there has to be something grossly unreasonable. An example of this would be cutting out the whole family who had been promised a legacy and leaving the lot to the donkey sanctuary.

You say MIL retained a 1/3 share of the house herself depending on the status of that share it may be part of her estate or passes straight to you. Her will (if any) will say how that should be divided, if her son is omitted he has no grounds to contest the will.
If on the other hand if her “estate” includes a share of the house the value has to be distributed according to the will. The letter you mention explains why she made the decision and would not form part of the will or override it.

You need to take the deeds to the house and the will to determine the true status of everything. Also do remember if she has to go into care, her share of the house, along with any other assets will need to pay for her care home fees

Tangerine Tue 22-Oct-19 21:54:18

Citizens Advice may be able to assist you or they will tell you to get proper legal advice.