Inheritance

[Langlais]

My father-in-law has made a will, he has stated that if my husband died then any money my husband has had from his family should be clawed back from his estate for my sister-in-law and her children. Recently he has given my husband some money and again he has stated that if my husband died before he did then he would want it back. Can he do this? I am not expecting my husband to die but I think this should be sorted out before anything does happen. Could you advise me please.

Liz

[acw]

Gut instinct tells me no!  Unless the money was held in trust for your husband's benefit and the terms of the trust dictated so.  However, as usual, I'm afriad the obvious answer is to ask a solicitor.  I'm not qualified and you can't guarantee that anyone who offers advice here is - sadly!  So my best advice is to check with a solicitor.  The fees will be worth it for the peace of mind! :-)

[Didwot]

If the money is a gift, then once given it can not be claimed back. If it was is loan then it can be recalled, If he made it plain to your husband that was what would happen, then it may well have been a loan.

[Gilli]

I'd echo what acw says about contacting a solicitor, and am also inclined towards what didwot says being right.

However, I think that for the money to be considered a legally (as opposed to morally) repayable loan, there would need to be a written loan agreement, probably drawn up by a solicitor.

Morally, I can't understand your father in law's attitude - unless perhaps there has been a misunderstanding regarding the nature of the money handed over so far. It's almost coming across to me - and apologies if I've got the wrong end of the stick - that it's ok for your husband to benefit from money given, but not you !

Again, obviously no legal expert but I'm sure that clauses in a will must be legally enforceable - they can't just be wishful thinking. Therefore, just 'cos it says you'd have to "return" this money, there'd be no way this could be enforced unless a proper loan agreement existed in the 1st place.

Sorry - if I were in your shoes I'd feel a bit hurt. If your H died, I'm sure you'd have enough on your mind without trying to raise money you thought had been gifted, and whilst I think that legally you wouldn't have to do this, I can imagine the ensuing family upset would be the last thing you'd need !

[Langlais]

Thank you all who answered. Apparently the money is a gift so no problem there. I think I got into a tizz but after my father-in law dies and the estate has been split between Rob and his sister, should Rob die then my father-in-law wants the remainder of his estate (father-in-law's) put back into his estate for his 2 grandchildren. We have no issue from our marriage but I have a daughter and grandson from my 1st marriage who he doesn't regard as family, Rob seems to think he doesn't want my family to benefit from his estate.