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Inheritance Money

  • 21-04-2022 10:23AM
    #1
    Registered Users, Registered Users 2 Posts: 36


    My 1 year old son was left some money by his Great Grandfather, this money has been sent to me by cheque from the solicitors. I now have a second son, who obviously didn't inherit anything as he was born after my grandfather passed away. I am now torn legally and morally. My firstborn will be in a much better position financially than my second son, as this inheritance will probably double in value before he turns 18 and I allow him access to it. I feel like it would be fairer if I split the inheritance between the two of them, as I know if my grandfather had still been alive when my second son was born they would both have been left an equal share. On the one hand I think it is the right thing to do as they both get equal financial assistance, there is no way I could afford to save the same amount and give to the second son from my own pocket. On the other hand is it stealing from my firstborn? I would love thoughts and opinions from a legal view and also a moral view. Thanks!



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Comments

  • Registered Users, Registered Users 2 Posts: 41,316 ✭✭✭✭ohnonotgmail


    From a legal perspective it is not your money to share with your second child. From a moral perspective it sucks. If the first son decides on his 18th birthday to give half to his younger brother then that would be a nice thing to do. but it has to be their decision not yours.



  • Registered Users, Registered Users 2, Paid Member Posts: 28,401 ✭✭✭✭Peregrinus


    This is not your money. You don't get to decide what happens to it. If you don't pay it to your son, you are stealing from him.



  • Registered Users, Registered Users 2 Posts: 78,904 ✭✭✭✭Victor


    Set up a savings account for the second child and contribute to it for the next 18 years.



  • Registered Users, Registered Users 2 Posts: 266 ✭✭walkonby


    It must be a substantial amount, as the OP said they can’t afford to save up the same amount, and it will leave the elder son in a “much better” financial position.

    The odds that an 18 year old who has just received a big cash windfall will volunteer to split it with a younger sibling are pretty low. I’d probably avoid ever creating the impression that the younger one really should have had a share. Plenty of apparently mature adult siblings get into very bitter rows about inheritance—imagine the resentment that might develop with a couple of teenagers.



  • Registered Users, Registered Users 2 Posts: 27,985 ✭✭✭✭Strumms


    There is only one right thing to do… respect the wishes of the person leaving the money.



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  • Registered Users, Registered Users 2 Posts: 298 ✭✭Dats_rite


    Personally i would halve it between the sons when they are 18. If you are sure that is what the grandfather wanted, and it probably is by the sounds of it, I would do that.



  • Registered Users, Registered Users 2 Posts: 36 MarkyBoi30


    Yes, my son was left the exact same amount that was left to me - the maximum amount someone can leave a grandchild or great grandchild tax free. So short of giving my inheritance to my second son there is no way I can financially afford to ensure he has the same amount of money to help him when he turns 18 with college fees / car / house deposit.

    If I did split the money now it could be a very awkward conversation if what I did became known to my son and potentially cause a rift in the family. If I leave it as it is then there could be jealousy between the 2 of them. I can't predict how they will be when they are 18, but as walkonby said, it is highly unlikely the older sibling will choose to split the amount with his younger sibling.

    I currently put €120 a month into savings account for both my sons which comes out of the funds we receive from the government every month as parents, even if I stopped contributing into my firstborns account and put €240 a month into my second born sons account, it still wouldn't catch up but I guess would make a dent. Maybe that would be the better option as then I am not taking anything from the elder son, I am just choosing to give my younger son more, thoughts and opinions on this are also welcome.

    Some may say that is still unfair as I am helping one son financially and I am not helping the other son at all (because he has already been helped by his great grandfather). It is almost like a lose lose situation.



  • Registered Users, Registered Users 2 Posts: 2,794 ✭✭✭ec18


    you aren't giving your first born anything, the grandfather did. Like the above said it's not your money to split life is unfair sometimes be glad that one of your sons has such an advantage in current world with cost of living and housing prices



  • Registered Users, Registered Users 2 Posts: 26,063 ✭✭✭✭coylemj


    The second son was not yet born when the great-grandfather died so it's not a question of what he 'wanted'.

    What about if the OP has another child - does he then split the inheritance three ways?

    OP says he is 'now torn legally and morally', I find this very strange because legally and morally, the money is the property of the elder son, that's all there is to it. If he chooses to confiscate half the money from the elder child and give it to the second son, he will have no legal or moral basis to so do.



  • Registered Users, Registered Users 2 Posts: 4,863 ✭✭✭Xterminator


    had the grandfather left the money to the op and said give it to your child/children that would be one thing. but what actually happened is the family member left a will that gave explicit instructions. the moral thing to do is to honor his wishes. Not OP's wishes

    its clear as day that OP should fulfil the wishes of grandparent, and the take whatever action he or she see's fit with their own money.

    And yes life is not always fair. when your children go to college there will be people who come from wealthier backgrounds and there will be children who come from less affluent backgrounds. often the children with less income have to get part-time jobs and can not then spend as much time on their studies as they might wish. yet their grades don't take this into account. that's just 1 example they most people would be familiar with.

    My advice, don't go against the wishes of the deceased.



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  • Registered Users, Registered Users 2 Posts: 36 MarkyBoi30


    I am approaching this from the point of view of a loving parent who just wants both my sons to have the same financial help. I am posting here as I want to hear other people viewpoints as like I said, I am torn as I'm thinking how he might feel when he turns 18 and his brother get €60k but he gets nothing.

    Maybe my viewpoint is clouded. Maybe more parents would agree to split it, and people who don't have kids won't understand where I am coming from. Maybe 90% of people think even considering splitting the money is wrong - always interesting to hear an outsiders point of view.

    I could be overthinking this and possibly shouldn't take any view point at all, just put the money into a savings account and give it to my elder son when he turns 18, and not think twice about it.

    But then if I did that and tried to balance the scales by putting more money into savings for my younger son, would that also be considered unfair because I am not treating them both equally?



  • Registered Users, Registered Users 2 Posts: 4,863 ✭✭✭Xterminator


    But then if I did that and tried to balance the scales by putting more money into savings for my younger son, would that also be considered unfair because I am not treating them both equally?

    you could very easily sit them both down and explain what you decide to do, when they are old enough. Its not actually that complicated. because they are individuals they may not agree with your decision but they can at least respect its your money and you decision to make. just as the grandfather's was.



  • Registered Users, Registered Users 2 Posts: 2,681 ✭✭✭A2LUE42


    If you are talking about a grandchild, then Group B is the tax-free threshold in question, so the amount would be 32.5K

    240 per month, by 12 months, by 18 years is almost 51.84K (not doing any compound interest calcs)

    So something is not right with the sums here.

    As regards the legal/moral part. The allocated funds are clearly for the 1st child and are not yours to decide who gets what.



  • Registered Users, Registered Users 2 Posts: 22,480 ✭✭✭✭Pawwed Rig


    Splitting it is not your decision to make as you have no say as to what happens to the money. If you wan to you can leverage your will more in favour of the other child(ren) to account for any perceived shortfalls



  • Registered Users, Registered Users 2 Posts: 729 ✭✭✭Whatwicklow


    The older son is due today's sum, not the interest or benifits of its value in x years

    When the older son turns 18, make sure they get the sum from day 1, the extra earned goes to son 2.

    Save and split the Gov money with them the same.


    I hope son or daughter #3 or #4 doesn't come along 😂



  • Registered Users, Registered Users 2 Posts: 6,662 ✭✭✭Princess Calla


    You can't split it it's not yours to split.

    You have no control over the inheritance it's done.

    You can control what happens next.

    You could give up your inheritance or a % of it, to the second child though do be mindful you can only gift 3k a year from a revenue perspective.

    You could save as much as you can for second child to match the inheritance money.

    When child turns 18/21 it shouldn't really matter where the lumpsum comes from (grandparent or parent) they should just be bloody grateful that they got something.



  • Registered Users, Registered Users 2 Posts: 78,904 ✭✭✭✭Victor


    No. Any income from the lump sum is the heir's.



  • Registered Users, Registered Users 2 Posts: 21,325 ✭✭✭✭Donald Trump


    I don't think there'd be anything stopping the first born from suing you for stealing his money when he turns 18



  • Registered Users, Registered Users 2 Posts: 36 MarkyBoi30


    Haha yea there def won't be a third or a fourth!

    I was wandering about that - because he has been left X amount and when he turns 18 the amount will hopefully be a lot higher. Is that not still 'stealing' the interest from him?

    I have spoken to a financial advisor and the money will probably have doubled by the time he turns 18



  • Registered Users, Registered Users 2, Paid Member Posts: 15,716 ✭✭✭✭Dial Hard





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  • Moderators, Business & Finance Moderators Posts: 18,197 Mod ✭✭✭✭Henry Ford III


    Seems straightforward to me. The inheritance and any growth therein belongs to son 1.

    Firing money into a savings product for son 2 in an attempt to level things actually isn't fair to son 1.


    p.s. It's a pity the will didn't say that the money was for your son or sons.



  • Registered Users, Registered Users 2 Posts: 36 MarkyBoi30


    So you think it wouldn't be fair to help son 2 more as he is financially worse off?



  • Registered Users, Registered Users 2 Posts: 876 ✭✭✭Ronney





  • Registered Users, Registered Users 2, Paid Member Posts: 15,716 ✭✭✭✭Dial Hard


    This is why I think it's bonkers to include grandchildren/great grandchildren in a will. Split the estate between your children and let them make a gesture towards their own children if they want. That's what my parents will be doing as otherwise it's a bit unfair on those who have no children/have fewer kids than others, etc.

    Mind you, my parents have also repeatedly warned us not to expect much of an inheritance at all. As far as they're concerned, they worked hard for their money and it's there to be enjoyed while they're alive, which I can't say I disagree with!



  • Registered Users, Registered Users 2 Posts: 876 ✭✭✭Ronney


    What ever you do d'ont go having Child 3!


    Explain to the child that it would be best and what his granddad would want for him to share with his brother. If he doesnt remind him that you still have control where your estate is left too!



  • Registered Users, Registered Users 2 Posts: 15,322 ✭✭✭✭callaway92


    Exactly, it wouldn't be fair to help him, as the money is for son 1. It would be grossly unfair on son 1 to have HIS money stolen from him without him having any say in it.



  • Registered Users, Registered Users 2 Posts: 7,090 ✭✭✭Claw Hammer


    It is not the o/p's to halve it or otherwise divide it. In order to give money to someone not year born a trust would have to be set up with for a category of beneficiaries such as all the children born of the body of x.



  • Registered Users, Registered Users 2 Posts: 36 MarkyBoi30


    I was actually referring to contributing more of my own money into a saving account for son 2, rather than taking inheritance from son 1 and giving it to son 2. I don't have an obligation to save anything for either of them, it's also my choice if I want to save more for one of them than I do for the other, based on the situation - like a needs based assessment.

    If when I die one of my sons is a millionaire and the other one is in a low paid job, I would definitely consider leaving more to the poorer son as he needs it more.



  • Registered Users, Registered Users 2 Posts: 36 MarkyBoi30


    I definitely agree with you here. I have 4 siblings, none of them have kids yet. So us 5 siblings and my first born all got left the same amount. It was probably more to avoid inheritance tax than anything else - he gifted each of us the max amount he could gift without being liable for inheritance tax. My mother was his only child still alive and she had already used up all her tax free allowance when his wife passed away.



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  • Registered Users, Registered Users 2 Posts: 15,322 ✭✭✭✭callaway92


    Do whatever you want with YOUR OWN money. Shouldn’t touch Son 1s money though that he got from his GGF. Anything else is fair game obviously



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