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Requests for IHT information?

Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 4:39 pm

I think I have mentioned "proprietary estoppel" before. Read this: https://en.wikipedia.org/wiki/Proprietary_estoppel. OK, so it's wikipedia, but it gives a reasonable idea of the type of case which it appears these people may be trying to make.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 5:11 pm

atticus wrote:I think I have mentioned "proprietary estoppel" before. Read this: https://en.wikipedia.org/wiki/Proprietary_estoppel. OK, so it's wikipedia, but it gives a reasonable idea of the type of case which it appears these people may be trying to make.


Thanks. They are not disputing the property transferral, they are disputing my being left the residue of the estate. They want half, which was granted in my late father's will - but only if his spouse predeceased him, which she did not. My mother's will left the residue of the estate to me, I don't quite know why - possibly out of gratitude for my giving up everything to care for her. We didn't discuss it, we both thought she had many, many years ahead of her for family discussions and so forth. Sadly it was not to be.
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Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 5:31 pm

A claim may be made for money on a similar basis.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 5:50 pm

atticus wrote:A claim may be made for money on a similar basis.


This in fact appears to be what is happening, but I can see no substantive grounds for such a claim, my mother's will is quite clear on the subject of the inheritance of the residue of the estate. I am due to visit the very solicitor who drew mum's will up in fact. I have been asked to bring with me the other solicitor's letter and anything mentioned in it, which I shall do.
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Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 5:57 pm

This is why i keep asking. Do they say what promises they claim were made? You simply refer to promises. If they have done the same, without specifying the detail of the promise, they are off to a poor start.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 6:59 pm

atticus wrote:This is why i keep asking. Do they say what promises they claim were made? You simply refer to promises. If they have done the same, without specifying the detail of the promise, they are off to a poor start.


I received a number of hectoring communications, including use of bold and underlined script. One communication from the husband says our late father 'discussed amounts at length' with my sister-in law and that they would be 'comfortable' with 'interest and money in the bank' and a 'tidy amount'. He is talking about the clause in my father's will where the estate is split equally if my mother predeceased my father. These are the alleged promises that have been communicated to me since the reading of my mother's will, there is nothing more precise than that. Note please that the spouse mentioned in both wills (legacies) was not even present during the bulk of these claimed conversations, and what is supposed to have passed between my father and the in-law has come to him second hand. I have this in black and white. None of these conversations were ever reported to me by anybody at the time. The in-law is not mentioned, and was never mentioned, in either will.

I'm sorry I can't be more precise, this is all I have been given to work with, 'promises' made two or more years ago and nothing in writing to substantiate them more than a clause in my late father's will which was not invoked because my mother succeeded him. My mother's will is clarity itself and has been professionally drawn up, I am saddened that my mother's final wishes are apparently not being accepted. Both mum and dad would be very upset if they knew what was going on at the moment - mum especially, since it all comes down to her last wishes.
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Re: Requests for IHT information?

Postby atticus » Wed Sep 16, 2015 8:31 pm

Their case, as described,appears built on weak foundations.
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Re: Requests for IHT information?

Postby Millbrook2 » Wed Sep 16, 2015 9:23 pm

Owen,

Stay strong, they are chancers. On the basis of what you say regard it as an irritant which you could do without in these sad circumstances.

Your Ma and Pa knew what they were doing, as Atticus said they are on weak rounds.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 10:19 pm

atticus wrote:Their case, as described,appears built on weak foundations.


Thanks, yes - but more heartache for me of course, at a time when I don't need it. Still, they have set a ball in motion and I must follow through. Will update on what my solicitor has to say.

Thanks again.
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Re: Requests for IHT information?

Postby Owen » Wed Sep 16, 2015 10:31 pm

Millbrook2 wrote:Owen,

Stay strong, they are chancers. On the basis of what you say regard it as an irritant which you could do without in these sad circumstances.

Your Ma and Pa knew what they were doing, as Atticus said they are on weak rounds.


Thanks Millbrook,

Yes, they almost convinced me to give them all the IHT figures which I had already freely & willingly submitted to HMRC, but it would have meant a massive amount of work for me again. Then I asked around and learnt that I was not in law obliged to release these figures to anyone not strictly entitled to them, and they weren't. So it was something like a confidence trick that I almost fell for. It's odd that their solicitor is asking for the same figures though, by the sound of his letter he is more or less following what he has been instructed to say - but it's still strange, because as a law professional he must know who and who is not entitled to an estate account? But the figures aren't even an issue, no-one is disputing the figures involved, their side seems to be completely tied up in confusion - confusion it appears they are handing over to the poor solicitor in question?

But thanks again for the kind words ;)
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