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Requests for IHT information?

Re: Requests for IHT information?

Postby Owen » Sun Aug 30, 2015 4:31 pm

atticus wrote:NB proprietary estoppel.

This is why I asked the OP about the terms in which the claim had been expressed by these claimants; a question he has answered at best obliquely.


Apologies if anything is unclear. The terms in which the claim (to estate, not property) has been expressed are that they presumed the residual estate would be shared. However, reading my father's will it is clear that the estate was only ever to be shared should my mother die before my father. And my mother survived my father.

Are these the terms you find obliquely expressed, and are they clear now please? I do hope so.

Thank you.
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Re: Requests for IHT information?

Postby atticus » Sun Aug 30, 2015 7:15 pm

If that is the basis on which the claim is asserted, it does not give rise to a proprietary estoppel claim.
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Re: Requests for IHT information?

Postby Owen » Sun Aug 30, 2015 8:23 pm

atticus wrote:If that is the basis on which the claim is asserted, it does not give rise to a proprietary estoppel claim.


Okay, thank you.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 12:46 pm

How now received a solicitor letter on behalf of in-law and spouse requesting an estate account. The letter runs into two pages of additional requests - touching also on the residue of the estate - some requests quite complicated. What the grounds are for these requests are unclear, both parents' wills are publicly available at the Probate Registry as is the grant of probate. The letter also mentions promises made two years ago, presumably these are the mysterious conversations which were never documented or passed on to anyone? They are alleged conversations of which I was not party to nor informed of subsequently which, considering their 'family' content I find unusual.

As far as I am aware, as inheritor of the estate residue, this residue is now a private matter?

Please advise.

Many thanks,

Owen
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Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 12:52 pm

How now.

Your solicitor will advise.

For our views (not advice), see previous posts in this thread. What are the alleged promises? Who is alleged to have made them?
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 2:20 pm

atticus wrote:How now.

Your solicitor will advise.

For our views (not advice), see previous posts in this thread. What are the alleged promises? Who is alleged to have made them?


Thanks - have contacted solicitor.

The alleged promises - concerning money basically - are exactly those outlined in earlier posts, concerning meetings of two [or more] years ago (between mostly in-law and my late father) at which I was neither present at the time nor informed of in retrospect; until now. Neither have I seen any record of these meetings in support of claimed promises. There seems to be an unfounded assumption that anything mentioned in my father's will automatically supersedes my mother's subsequent wishes. My late mother's will was comparatively straightforward and drawn up by a solicitor - mum survived dad - I can't see any grounds for disputing the details of her will. I'm quite shocked to receive this solicitor letter, I was not expecting it. Indeed, I am by no means over the earlier shock this year of losing mum and am still under the GP for low spirits - and I'm afraid this sudden solicitor letter is not helping raise them.
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Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 2:43 pm

You manage not once to have said what the (alleged) promises were.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 3:08 pm

atticus wrote:You manage not once to have said what the (alleged) promises were.


Thank you. This of course is a moot point, as I state, I was not present or informed of any of these alleged meetings. I received an email after the legacies were paid out from my mother's will complaining that the in-law's spouse had been to given to understand that he would financially 'be all right' or words to that effect, and that he did not consider the legacy met his expectations. These expectations appear to date back to my father's will and the 'discussions' with him at which I was not present. My late mother's will appears to be being ignored.
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Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 3:13 pm

Owen, please do not play games. We all realise that you were not present when these things were or were not said. That is in the nature of these cases.

You have said
The letter also mentions promises made two years ago.


Does the letter detail the alleged promises? What does it say about them?
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 4:35 pm

atticus wrote:Owen, please do not play games. We all realise that you were not present when these things were or were not said. That is in the nature of these cases.

You have said
The letter also mentions promises made two years ago.


Does the letter detail the alleged promises? What does it say about them?


I apologise, I am trying to be as informative as possible while keeping everything as anonymous as possible. No, I am very unhappy about the solicitor letter, it mentions 'promises' and 'understandings' and leaves them vague. I am writing back to them to ask them to clarify, after submitting my draft to the solicitor. Under the terms of my late father's will it states that if his spouse predeceases him then the estate is to be shared equally between myself and my in-law's spouse; but my mother outlived my father, and so that clause was not invoked. This is probably the 'promise' being alluded to, the letter is vague. I became my mother's registered carer after my father died. Mum left the residue of her estate to me after all expenses and legacies were paid, I was the sole executor. Mum's will was different to dad's, neither will mentions 'promises' or 'understandings'. I've asked their solicitor if there is any documentation referring to these 'promises' to please let me have a copies. I have also asked him in what capacity or on what grounds is he requesting an estate account of me - surely he is aware of who in law is entitled to estate accounts? He's also requested 'HMRC forms' and I am not even sure that such a request is lawful or not: presumably IHT correspondence is a private matter between me and HMRC, would I even be entitled to pass on such information to a third party?
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