Leaving a Will...

[CHRISPY75]

Hubby has 1 brother who still lives at home (in his 40's). Mum died last year - dad-in-law in his 80's & not in best of health. Says he has a Will so that when he dies, hubby gets what cash he has in bank & younger brother gets the house(flat)! We think its unfair as house is worth a lot more!! Also brother keeps encouraging his dad to get work done on the flat - new doors, patio, kitchen upgrade, which is also unfair as feels like he's doing it to suit his own means-and using dad's money (our inheritance) to boot!!
Should hubby be executor of Will as he's eldest-or does that not matter? Flat apparently signed over to brother already-what happens if dad needs to go into nursing home?(we live in Scotland btw) Should Will not be divided equally? I know it sounds like we're money-grabbing gits but its MY hubby who does all the running about after dad, like shopping & GP appts etc..as he's the only one who drives-and we stay MILES away!!! Any thoughts/comments/legal help? Ta!

[factor-fiction]

It's a common situation I'm afraid. It is the father in law's will (assuming he does have a valid will) and it's up to him who acts as his executor and who gets what

[Dee Sa]

although its not fair, its the wishes of their Dad. Somehow its nearly always the one who does the most gets the least reward.
I remember my gran putting her life on hold and going to look after her father for 8 years and she was promised the house in return, her siblings did nothing for their father and refused to take "turns" with his care, when he died she got nothing, he had left everything to his oldest son, my gran wasnt a money grabbing person at all, all she got was £200 as a gesture of good will.

[karenmac60]

Under Scot's law, all children are entitled to a one third share of the moveable estate (which includes money), regardless of what is put in the will - so your hubby may find he doesn't get all the cash either...

[CHRISPY75]

Karenmac60 - so surely we'd be entitled to any share in the house as well then - if his brother sold it?

[karenmac60]

Property is not counted as the 'moveable estate'. I presume once he sold it any profits would be his and his alone as the house would have been solely in his name.

[CHRISPY75]

So looks like we're losing out then? Think hubby needs to have a chat with dad & brother...

[bednobs]

sorry to say, but as you said "money-grabbing gits" is EXACTLY what came to my mind when i read this. You have absolutely no say in how someone leave their money, and there is no rule that says "Must leave equal amounts to so-and so" You are making it sound like your husband expects to be compensated for shopping and going to gp appointments with his own dad! Perhaps he should charge him for it if you care about money so much?? (personally ii would do whatever my parents needed because i love them, but it takes all sorts)
The house is the brothers home and what you are suggesting would mean that not only would your brother in law have to deal with his father's death (when it happens) but also be made homeless so you can have half the proceeds?!
By the way, no-one can see into the future - wh is to say the dad will die before either of the sons anyway?

[factor-fiction]

Bednobs isn't sitting on the fence here. I do agree with her I think in that I felt uncomfortable with the description of dad's money as "our inheritance" as if it is some right. But I also agree with the OP in that it sadly quite common to find those who help least receive the most

[China Doll]

Agreed with bednobs and factor. It's his money and property and he can do what he likes with it regardless of whether you think it's fair or not. And for the record it is not 'our inheritence', as the man is still alive it is classed as HIS money.

[pretty_snowdrop]

I am one of four children and my brother still lives with my parents. As it stands now there isn't a will but my parents have said my brother should get the house. Their reasoning for this is that he has contributed by paying board. As unfair as it may be, that is their wish and we will stand by it otherwise he will be homeless.

[CHRISPY75]

Thanks to all who replied.