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Will scam by relative

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  • Will scam by relative

    Short version

    My aunt put her name on my grandmother’s property to help with setting up direct debits etc, and upon my grandmother’s death, claimed that the bank account and house are hers. If this is a scam that can actually work, I think the general public should be more aware of it.

    Long version

    My grandmother died recently. Previously, when my granddad (her husband) died, my grandmother moved back to the UK and bought a property to live in. She sold off the overseas property and investments, and she divided the money four ways. I received a quarter, my mother received a quarter, my aunt received a quarter and her son (my cousin) received a quarter of the money. I have a disability that doesn’t qualify me for any benefits, so that money meant that I could live independently while working from home. I make about 90% of my living expenses through work.

    My aunt had her name added to my grandmother’s house and the bank account. This was for two reasons: so that she could actually purchase the property while my grandmother was still overseas and so that her and her husband could set up things such as the phone line. Technically, it seems that she was, therefore, the co-owner of the house and the bank account was a joint account. Over the years, her and her husband did handle the setting up of direct debits and utilities for her etc.

    When my grandmother died in January, we looked at the will. I haven’t personally seen it myself yet, but basically, it says that a few relatives were to be given gifts of a couple of thousand pounds and the residual should be split four ways. As it happens, my cousin had died a couple of years ago, but the will specified that the estate should still be split four ways so that his son would receive what would have been his quarter. My step uncle and my step father were to be executors of the will and receive four thousand pounds payment each.

    We had never found my aunt to be very trustworthy. I hadn’t had many dealings with her over the years, but my mum was always complaining that she couldn’t be trusted and was always out to get things that weren’t hers.

    As soon as my grandmother died, my aunt changed the locks on the house and claimed that the house and the bank account were hers. She claimed that she had been told by my grandmother that that was her wish. However, my grandmother and my mother had discussed the issue, and my grandmother was clear that everything was to be divided into four parts. This discussion was quite detailed because my grandmother wanted to be clear that my (dead) cousin would effectively still receive his quarter as his son would receive the money.

    As it stands, if my aunt gets her way, I will receive one quarter of basically nothing. It is impossible to believe that my grandmother’s wish was that I would receive nothing. Apart from anything else, I have had a 32 year neurological disability. Unfortunately, it doesn’t qualify me for any benefits, and I have never been able to earn quite as much as my living expenses. My grandmother was fully aware of my situation.

    Just to reiterate, my aunt and her husband had their names on the bank account and the house so that they could sign things and set things up. My mother and my step father handled more of the day to day work of doing her shopping for her.

    A family friend has advised my mother that there may be nothing we can do. As my aunt had her name on everything as a co-owner, it all reverted to her when my grandmother died. My side of the family are absolutely sick about the whole thing and my financial future has been ruined. Is there anything we can do? My mother will see a solicitor next week, and I’d be grateful for any advice I could pass on to her. Feel free to ask me any questions about the situation if further clarification is needed.
    Tags: None

  • #2
    Hi QB

    Welcome to LB

    I'm not sure it's the case that nothing can be done, although your aunt has strong claims as far as co - ownership etc, everything passing to her. Going by example 2, has your aunt got other assets?

    I'm sure other members will comment.

    For information only - https://www.myerson.co.uk/news-insig...ritance-claims

    Comment


    • #3
      Hi

      Your grandmother's intentions about the distribution of her estate are important. You stated that in a discussion between your mother and grandmother, your grandmother wanted her estate split four ways. I assume she meant in equal shares.
      Your grandmother may not have realised that owning the property as joint tenants with your aunt and putting her bank account in joint names, meant that these assets would pass directly to your aunt following her death
      If your aunt and uncle contributed to the purchase of the property, the ownership could have been as tenants in common with the co-ownership reflecting each owners percentage contribution.
      Likewise, your aunt's bank account didn't need to be put in joint names. Your aunt or uncle could have been added to your aunt's bank account as second account holder and operated the account on your aunt's behalf.
      You should check the land registry to see if the property is definitely owned as joint tenants.
      If your grandmother's estate is now an excepted estate (under £325k with the property passing direct to your aunt), probate is not required and her will does not become a public document. Is your mother able to get hold of a copy of the will?
      Does the will mention her property? If it does that may be a sign that she didn't realise her property would be excluded from her estate.

      Is it possible that your aunt and uncle convinced your grandmother that assets in joints names was the only way forward?
      Last edited by Pezza54; 17th February 2024, 10:42:AM.

      Comment


      • #4
        Originally posted by Pezza54 View Post
        Hi

        Your grandmother's intentions about the distribution of her estate are important. You stated that in a discussion between your mother and grandmother, your grandmother wanted her estate split four ways. I assume she meant in equal shares.
        Your grandmother may not have realised that owning the property as joint tenants with your aunt and putting her bank account in joint names, meant that these assets would pass directly to your aunt following her death
        If your aunt and uncle contributed to the purchase of the property, the ownership could have been as tenants in common with the co-ownership reflecting each owners percentage contribution.
        Likewise, your aunt's bank account didn't need to be put in joint names. Your aunt or uncle could have been added to your aunt's bank account as second account holder and operated the account on your aunt's behalf.
        You should check the land registry to see if the property is definitely owned as joint tenants.
        If your grandmother's estate is now an excepted estate (under £325k with the property passing direct to your aunt), probate is not required and her will does not become a public document. Is your mother able to get hold of a copy of the will?
        Does the will mention her property? If it does that may be a sign that she didn't realise her property would be excluded from her estate.

        Is it possible that your aunt and uncle convinced your grandmother that assets in joints names was the only way forward?
        I think you mean 'grandmother',

        'Likewise, your aunt's bank account didn't need to be put in joint names. Your aunt or uncle could have been added to your aunt's bank account as second account holder and operated the account on your aunt's behalf.'

        Comment


        • #5
          Yes your right, my mistake

          Comment


          • #6
            Thanks for the link. That's given me something to research tonight (Inheritance (Provision for Family and Dependants) Act 1975).

            As far as I can tell, the house and bank account make up most of the estate. It doesn't even look like the rest of the will can be carried out because the gifts for other relatives could well be more than the remainder of the estate.

            Comment


            • #7
              Originally posted by Pezza54 View Post
              Hi

              Your grandmother's intentions about the distribution of her estate are important. You stated that in a discussion between your mother and grandmother, your grandmother wanted her estate split four ways. I assume she meant in equal shares.
              Your grandmother may not have realised that owning the property as joint tenants with your aunt and putting her bank account in joint names, meant that these assets would pass directly to your aunt following her death
              If your aunt and uncle contributed to the purchase of the property, the ownership could have been as tenants in common with the co-ownership reflecting each owners percentage contribution.
              Likewise, your aunt's bank account didn't need to be put in joint names. Your aunt or uncle could have been added to your aunt's bank account as second account holder and operated the account on your aunt's behalf.
              You should check the land registry to see if the property is definitely owned as joint tenants.
              If your grandmother's estate is now an excepted estate (under £325k with the property passing direct to your aunt), probate is not required and her will does not become a public document. Is your mother able to get hold of a copy of the will?
              Does the will mention her property? If it does that may be a sign that she didn't realise her property would be excluded from her estate.

              Is it possible that your aunt and uncle convinced your grandmother that assets in joints names was the only way forward?
              Oh yes, I suspect that my aunt and step-uncle cooked up this entire thing about 12 years ago and then sat and back and waited.

              We know what my grandmother's intentions were as my mother and her discussed them in detail. However, we are wondering what proof we have. It doesn't seem logical though. Why would one sister be given practically the entire estate, particularly as everything had been split evenly on the previous occasion?

              Comment


              • #8
                Build your case, gather evidence, get Witness Statements from family members etc.
                It won't be easy, but it's not 'insurmountable'. Look at case law, 'precedents' etc, there
                will be similar cases to yours. Your's won't be the first case like this, in fact it's a
                normal thing that happens.

                These are just some cases of 2018, clearly there will be many more -

                https://www.kingsleynapley.co.uk/ins...-cases-of-2018

                Comment

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