R
Would your chances not be higher of getting the mother's estate when she passes on?
You are unlikely to win if you challenge it.
And if you challenge it, your mother in law is unlikely to leave anything to you in her will.
Brendan
My Father in law died earlier this year. My husband was informed within two months of his fathers passing that his fathers will divided 50% to spouse of deceased and 25% each to deceaseds two sons.
My husband and his brother were since informed that all funds were in a joint account between the mother and father and therefore the sons were entitled to nothing!
We are talking about a considerable amunt of money here, all of which the father made. My husband and his brother understand the family home must go to the mother but they are sour about getting nothing given the father explicitly said they should get 25% each of everything. One more complication, the mother is the Executor so they really have noone to talk to.
rm
Surely the family home is part of the estate and therefore 25% of its value must go to each of the sons. If the mother doesn't want to sell, then the equivalent monetary amount (if available) must be paid to them, no ?
Or am I missing something here (was the house specifically left to the MiL) ?
[broken link removed]
So can I decide who gets what?You may lay down in your will which personstheir right to a legal share.
you choose to receive property or an asset
and it is for you to decide the way in which
your estate will be divided up. However, over
and above this, there is a law which will
ensure that your surviving husband or wife
receives a specific portion of your estate called
the ‘legal right share’. This will be one half of
your estate if there are no children and one third
of it if there are. A spouse may renounce
Can someone explain this to me. I thought the surviving spouse would receive two thirds of the estate, and the children one third.
Thanks
If the money is held jointly, it automatically passes to the other one on survivorship, and doesn't form part of the estate.
There are 2 hurdles here if your husband wants to challenge it.
1. That his parents really held the money as tenants in common rather than jointly. Unless that can be proved, there is no estate to distribute.
2 That the father failed in his moral duty by failing to provide for his son (Application under S.117 of the Succession Act, 1965)
If I was the Mother in Law,mf
I see no relevance to the statement that the father left a lot of money that he made himself, the inference being that the children are somehow entitled to it and that the mother is a stay at home lady without any entitlement after a lifetime of love and devotion to looking after her husband and bringing up her sons.
The mother has done absolutely nothing wrong. She has lost her life partner only two months ago. She has told her children what the will says. Just because the children assumed it meant they would get the money in the bank was their error not hers. I hope she has a happy comfortable and wealthy retirement and if her sons are lucky she may leave her estate to them.
I see no relevance to the statement that the father left a lot of money that he made himself, the inference being that the children are somehow entitled to it and that the mother is a stay at home lady without any entitlement after a lifetime of love and devotion to looking after her husband and bringing up her sons.
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