My father died a month ago. My sister, brother and I have been listed in his will as equal beneficiaries to his whole estate. The will provides a sum of $100,000.00 to my sister before the 1/3 each spilt in gratitude for the personal care of our mother who died in 2013 and father. No problem at all. This additional amount would represent approximately 6% of the estate (just for context). I think it is reasonable as she did provide care to them and this was my Fathers wish.
About 2 years ago our brother died unexpectedly and without a will. My Father inherited his estate which was the right thing To happen. No one disagreed. My Father had advanced dementia at that point so his will was not amended to reflect this change.
His will stated that if one of his children precede him, their share be divided between the other two children, unless the deceased sibling had a child/children, in which case they would inherit their parents share. I think that is reasonable. My Brother had no partner/wife and no children therefore the will specified that his share of our fathers estate will be spilt 50/50 with my sister and I. Fair enough.
My sister, who is the executor of the estate, has handed my me a copy of the will yesterday and asked for “one thing” - she asked for our deceased brothers share of the family home as she feels that due to the sacrifices she made she thinks she is entitled to more than my me - in figures she is asking for about $300k from my share of the estate - on top of her extra $100k. She didn’t tell me that additional provision was made for her already in the will, only that she asked me not to discuss the matter with my wife or anyone else.
I didn’t give her an answer as I was a bit shocked with her question.
My Sister and her husband are quite financially well off and have lived rent free in my fils house for 7 years, whilst renting out their mortgage free home (rental income approx $250,000 over 7 years). I don’t mind at all that they rented their house and lived rent free, I do think she has been reasonably compensated for her contribution and the caring work she did. I note that she chose to care for him, with the help of carers, he could have gone into nursing care, we thought that was better for dad and told her so, but supported her choice anyway.
I just don’t know whether she is entitled to ask for a variation to the will, whether she would legally be entitled to this additional money? I am concerned that if I don’t agree she will deliberately hold up probate and settling the estate just to spite me as she doesn’t need the money, whereas I could definitely use the money to pay off my house and debts. I am also concerned that she will contest the will, costing me money I don’t have if I don’t agree with her?
About 2 years ago our brother died unexpectedly and without a will. My Father inherited his estate which was the right thing To happen. No one disagreed. My Father had advanced dementia at that point so his will was not amended to reflect this change.
His will stated that if one of his children precede him, their share be divided between the other two children, unless the deceased sibling had a child/children, in which case they would inherit their parents share. I think that is reasonable. My Brother had no partner/wife and no children therefore the will specified that his share of our fathers estate will be spilt 50/50 with my sister and I. Fair enough.
My sister, who is the executor of the estate, has handed my me a copy of the will yesterday and asked for “one thing” - she asked for our deceased brothers share of the family home as she feels that due to the sacrifices she made she thinks she is entitled to more than my me - in figures she is asking for about $300k from my share of the estate - on top of her extra $100k. She didn’t tell me that additional provision was made for her already in the will, only that she asked me not to discuss the matter with my wife or anyone else.
I didn’t give her an answer as I was a bit shocked with her question.
My Sister and her husband are quite financially well off and have lived rent free in my fils house for 7 years, whilst renting out their mortgage free home (rental income approx $250,000 over 7 years). I don’t mind at all that they rented their house and lived rent free, I do think she has been reasonably compensated for her contribution and the caring work she did. I note that she chose to care for him, with the help of carers, he could have gone into nursing care, we thought that was better for dad and told her so, but supported her choice anyway.
I just don’t know whether she is entitled to ask for a variation to the will, whether she would legally be entitled to this additional money? I am concerned that if I don’t agree she will deliberately hold up probate and settling the estate just to spite me as she doesn’t need the money, whereas I could definitely use the money to pay off my house and debts. I am also concerned that she will contest the will, costing me money I don’t have if I don’t agree with her?
