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Is This fraud? Certainly Not Right!

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  • Is This fraud? Certainly Not Right!

    Ok where do I start? hoping for some sound advice/help as know I am getting screwed over by my Mother! the simplest way I feel I can explain the situation and keep it simple is in the following manor.

    I am the eldest of three brothers, we all grew up on a farm owned by our Mother and Father, I will simply call us siblings 1, 2 and 3 one being the eldest and so on, myself (1) I built a house on waste land in 2000 on the understanding with my father and mother if built and paid for by myself I would in turn pay no rent plus have the waste land signed over as soon as possible as already two existing houses on the farm, sibling 2 left in his twentys and purchased a house with his wife, and sibling 3 still lives at home, and this have been the situation for around twenty years.

    As a child growing up in the 70's/80's I had a very tough upbringing, however sibling 2 was treated like the golden child with an upbringing totally different to mine, and sibling 3 got away with murder.. just the way it was and thought nothing of it.

    Anyway wind forward to 30th July 2018, this was the day my father died suddenly on the farm.. since then I thought all was in order and being sorted out in regards to the farm/estate in the proper manor untill becoming very suspicious over the last few weeks of the way in things where proceeding and things not adding up? this will get very long winded if I continue writing, and feel best to simply list events below in order... so here I go.

    What I knew
    • My father and mother ran a farm/estate up to my fathers death in July 2018
    • My mother called a preliminary meeting in June 2019, to discuss the farm, land, inheritance tax and how we would split the farm up between the four of us, a mother/widow and 3 siblings
    • My mother produced a breakdown of the property and land owned and explained it had to be split up in the way listed to avoid inheritance tax, which seemed reasonable enough.
    • For reference the valuation of the estate was - £1,613,749.00
    • At the meeting we where advised my father had a will and the way in which the land/property was to be distributed was as per his will, which again seemed reasonable
    • The only thing I disagreed with was my house? this should never have been part of my fathers will/estate? I had built it and lived in it rent free for around twenty years, yet still not signed over!
    • I had built it in 2000, had extended it in 2006 with a little financial help (around £10/20,000.00) however we all agreed still my house
    • My fathers reasoning for this money/financial help was quite simple, the two other houses had fallen into serious disrepair and he wanted to speand money on them, so thought it only right he did the same for me as the other two houses which where going to be left to the other two siblings, but changed nothing.
    • Again for reference my father invested around £110,000.00 in the other two properties
    • At the meeting my mother, myself and two other siblings agreed on the way in which the farm/estate was to be distributed
    • The only change was that my house would signed over to myself as agreed in 2000, due to the fact it was mine and should have been dealt with a long time ago.
    • In July 2019 my mother produced a A4 piece of paper asking me to sign and print with witness?
    • I asked what I was signing and its purpose, as nothing attached to it? she advised all it was for was to agree in principle to what was discussed and agreed at the meeting, the other 2 siblings had already signed theirs and I was holding things up as MUST be signed before the two year aniversery of my fathers death else we would be hit with inheritance tax
    • I was informed by my mother this was just a paper exercise, we would have a follow up meeting and sort properly, the reason for this Covid.. as she could not have a face to face meeting with the solicitors dealing with the farm/estate, this seemed more than plausible due to the covid situation.
    What I Know Now!
    • My father died - INTESTATE! when I confronted my mother with this, she then adviced she had no idea and that he had a living will which I know is also untrue!
    • My mother advised was a partner in the farm, however now found out she owned absolutely NOTHING!
    • My Mother obtained a Administration Letter from the Probate Office on the 1st May 2019, to deal with my fathers estate!
    • This Administration letter has not been stamped/bear the impressed seal of the court!
    • The estate has been hugly undervalued? not sure if this is normal?
    • My mother had sold a number of assets belonging to my fathers estate, no idea where the money has gone?
    • In November 2018 (Within 4 months of death) my mother took out an agricultural mortgage for £90,000.00
    • I have now found out the agricultural morgage was used to purchase agricultural land locally
    • I have searched the land registry and found the land was purchased on the 26th March for £90,000.00 and the owners/title absolute are that of my mother and sibling 2, 50/50!
    • I have now found out that she is in the process of signing over a further amount of land valued at £210,000.00 to sibling 2!
    • I have also now found out she has Agricultural Property Relief (APR) to lower the inheritance tax liabilities which is quite normal however the way in which she has used it is not!
    • At this moment in time the APR has been used to make sure my mother has a tax liability of £0, Sibling 2 a tax liability of £10,000.00 and siblings 1 and 3 a tax liability of around £275,000.00
    • Meaning my mother has no inheritance tax, sibling 2 has £4,000 and siblings 1 and 3 £110,000.00 based on 40% Inheritance Tax, I am no mathematician but this does not seen right to me!
    • I confronted my mother yesturday and demanded a family meeting, of which she and sibling 2 refuse, stating that it was what we agreed.
    • Intrestingly she produced a deed of variation she claims was at the preliminary meeting in June 2019 (which it wasn't) and a coverling leter for the solicitors dealing with the estate
    • She refused to give me a copy of the deed of variation advising she doesent have to, I took it from her and have kept it.
    The Deed of Variation
    • Interestingly the cover letter from the Solicitors is dated 11th December 2019, some five months after our preliminary meeting in June 2019, the Solicitor clearly states he has no address details for the 3 siblings on the deed of variation, and that my mother might want to write them in for them as NO changes to the address page WILL affect the signature page!
    • Also if your happy with the deed of variation you might like to sign the deed where indecated and get the siblings to sign also!!
    • Simply put the deed of variation states my father died Intestate and that the deed was based on an assumed will portrayed to them by my mother based on what was said immediatly before his death!
    • You maybe intrested to know that my father died instantly of a massive heart attack, my mother was not with him and I carried out CPR for over an hour before help arrived but he was pronounced dead at the seen.
    • In the deed of variation it states all assets are to be treated as passing from the deceased person's estate to my mother and I am to be a Trustee of my own property until she dies?
    • Basically she has taken all inheritance away without my knowledge including my house which I built and will pass it on when she dies...


    The last thing is My house was valued without my knowledge by my mother at £165,000 and she has included it within my fathers estate which is not correct and infact leaves me £165,000.00 worse off if included within the estate? also for reference I had my house valued yesturday myself and it has been valued at over £600,000.00??

    Help would be greatly appreciated, I had no idea of this paperwork until yesturday Its obviously fraudulent, well the whole thing is! I have no idea where to start, funds are low due to covid, would like to feel I could deal with this myself, but guess needs a Solicitor? which could get very costly.. anyway all/any help would be great..




    Tags: None

  • #2
    This sounds a mess! So did you sign a blank piece of paper and a witness was there to observe you signing a blank document? Or did the document mention ‘inheritance tax’?

    I would be consulting a solicitor as soon as possible in the event that your mother does not agree that she has acted fraudulently.

    By raising all of these facts with her again - if she doesn’t act appropriately then you will need to seek the advice of a solicitor and utilise the free half an hour advice they offer.

    I was in a tricky situation ( not like yours) but over an invalid will and I actually rang and saw a few local solicitors and got as much advice for free before I had an idea of where I stood.

    I really really hope this works out for you and I hope someone on this website can offer you really useful advice. If not, I would be inclined to speak with my mum again, then if that doesn’t work - print out your post with all of your facts and speak to solicitors. Write down their answers for each point/ scenario you’ve made on your post.
    kind regards

    Comment


    • #3
      Thanks AMES1 for your reply and time...

      Yes signed a black piece of paper, all it said was signature and witness signature...? thats it, no mention of ‘inheritance tax’ or anything? I asked the witness at the time to note he was signing a blank document as very thrown by it? At first I refused to sign, however being my mother, and at the time not disbelieving anything that was going on was untoward, plus it was right on the last week of the two year aniversery of my fathers death.

      However does not change the fact that plain paper was signed in June 2019 agreeing with what was discussed at the preliminary meeting, yet a deed of variation was produced in December 2019 NOT signed!

      Comment


      • #4
        Oh dear..........

        Your father died intestate, but your mother claims to have a grant of letters of administration which you think might be dodgy.
        Have you checked (£1.50 here:https://www.gov.uk/search-will-probate)

        Does the deed of variation you obtained comply with the regulations. (good check list in this HMRC form; https://assets.publishing.service.go...73615/IOV2.pdf)

        Have you checked with Land Registry over actual ownership of the farm: (£3 https://www.gov.uk/search-property-i...-land-registry)

        Comment


        • #5
          I would also like to point out the witness did NOT witness my signature.. I signed it and a few days later a witness signed it, he did NOT witness me sign the blank piece of paper!

          Comment


          • #6
            Thanks DES8 for your reply and time...

            Answers to your questions:-

            (Your mother claims to have a grant of letters of administration?)

            My mother has said nothing at all, I took it upon myself to pay for and down load the document from www.gov.uk website, the Administration letter has not been stamped/bear the impressed seal of the court!
            She claims she had no idea about the letter of Administration and that the Solicitor must have sorted it out?

            (Does the deed of variation you obtained comply with the regulations?)

            Thanks for the link, NO? I have never seen or been presented with a document like the HMRC one? the one produced by my mother this week is not dated, had no addresses on etc? and has four blank signature sections on the back page (unsigned)

            (Have you checked with Land Registry over actual ownership of the farm?)

            Will check now, thank for the link, will post the outcome

            Comment


            • #7
              OK so searched Land Registry for farm using farm name and post code and get the following message -

              Sorry, we have been unable to find a property that matches your enquiry. Please try searching in a different area.

              Have also searched using just post code and brings up every property in the post code area bar ours?? very odd anyone have any ideas?

              Comment


              • #8
                Quite frankly there are so many anomalies here I think you should obtain professional advice from a solicitor who specialises in contentious probate:

                1) letters of Administration granted to your mother who claims to have no knowledge of the grant
                2)Claimed deed of variation probably not valid
                3)Your father's estate seemingly not distributed according to the rules of intestacy
                4)undervaluation of your house
                5) farm not registered probably because when your father bought it registration was not required. If it has now changed ownership to your mother so first registration should now have taken place
                plus all the other shenanigans in the background!

                an initial fixed price consultation with a solicitor should enable you set out your thoughts and give you an idea of the way forward.

                Comment


                • #9
                  Thanks again DES8 for your reply and time... I will indeed be contacting a Solicitor today, thanks again for all the useful comments

                  Comment


                  • #10
                    You need to consult a solicitor urgently - preferably one who is experienced in contentious probate. (I am assuming that if the circumstances are as you describe and your father was worth the better part of £2 million that it may end up being worth it even if expensive - and it might be very expensive).

                    Couple of points:

                    (1) Did you sign a blank piece of paper or didn't you read it?

                    (2) You say you grew up in the 70s and 80s. 1980 is now over 40 years ago; 1970 over 50 years ago. How old is your mother? Is she being influenced by son 2?

                    Comment


                    • #11
                      Thanks MANXMAN for your reply and time... see below,

                      Couple of points:

                      (1) Did you sign a blank piece of paper or didn't you read it?

                      Nothing to read.. A4 piece simply saying sign and witness thats it nothing attached to it nothing else wrote on it!

                      (2) You say you grew up in the 70s and 80s. 1980 is now over 40 years ago; 1970 over 50 years ago. How old is your mother? Is she being influenced by son 2?

                      Sorry should have said late 70s I was born in 1976 my mother would be around 65/66 I would have thought, certainly being influenced by him although she does not need influencing very much by son 2.. he is not called golden balls for nothing .

                      I guarantee however every step of the process is being ran past him, he hardly came near the place in over ten years however when my father died he started inviting my mother around weekly he also made the overal decisions on undertakers, head stones etc without even my knowledge.

                      He was in cahoots with my mother from day one, and regularly takes her back and fourth from the solicitors, so MOST certainly pulling the strings.

                      Bear in mind this is the same son who was brought and signed over land within 6 months of death worth around £300,000.00 by my mother, has inheritance tax liabilities of only £10,000.

                      On top of this at the preliminary meeting in June 2019 both he and my mother sat at the meeting knowing, land purchases and agricultural morgages had already taken place yet failed to declare it to myself and other brother, and would never had if I had not done some homework!

                      In one way or another she is most certainly being influenced by son 2!

                      Comment


                      • #12
                        So I can definitely gather that the deed of variation would be invalid as your witness needs to be there to observe you signing the document. I recently signed a deed of variation so know that my witness was there to see me sign it. Your witness will be able to testify that they didn’t see you sign anything and therefore the legality of the procedure is already flawed.

                        Comment


                        • #13
                          Thanks AMES1 for your reply and time...

                          99% know the deed of variation is invalid in many ways, for a start did not even exist when asked to sign a A4 piece of paper and No witness on signing anyway, I signed the piece of paper in July 2019 as pressured to do so, I have only seen the deed of variation in the last week, its a draft copy and the covering letter that came with it is dated the 11th December 2019 thats some five months after signing!

                          For reference I know sibling 3 signed a blank piece of paper also as I have discussed with him, however I have only been told by my mother that sibling 2 and herself and done the same??

                          At no time have I seen any of the other three sign anything nor any proof....?

                          Seems obvious to me whats going on, very dodgy indeed.

                          Comment


                          • #14
                            Originally posted by Ames1 View Post
                            ... Your witness will be able to testify that they didn’t see you sign anything ....

                            Errm... If you think about it, the mother and son 2 (assuming they have some nefarious purpose) will hardly be likely to choose a witness who would admit to not witnessing the OP sign any document. That would rather defeat the purpose of their dastardly plan - if they have one.

                            Comment


                            • #15
                              Thanks MANXMAN for your reply and time...

                              Yes I am afraid you are right.... son 2 already agrees with my mother a deed of variation was at the meeting in June 2019 even though it was not drafted until December 2019? I will post the Solicitors letter word for word that came with the draft deed of variation later on this morning, I think eveyone reading it will agree...

                              Comment

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