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Gifts made prior to Will

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  • #16
    Re: Gifts made prior to Will

    7 years is really only a guidance for disposal of assets to avoid IHT and tends to be as far back as HMRC will go. There are elements that the gift recipient has to have had full benefit of the gift ( over that of the gifter) for a certain period but doesn't apply in your case.
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    • #17
      Re: Gifts made prior to Will

      Originally posted by Amethyst View Post
      been googling my ass off
      So you're now even more callipygian than previously? msl:

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      • #18
        Re: Gifts made prior to Will

        Originally posted by Amethyst View Post
        7 years is really only a guidance for disposal of assets to avoid IHT and tends to be as far back as HMRC will go. There are elements that the gift recipient has to have had full benefit of the gift ( over that of the gifter) for a certain period but doesn't apply in your case.
        Thanks for the help, I will report back once I've seen the solicitor...

        I still find it hard to comprehend how a will produced after the gift had been given (and at a time I was the sole recipient of the will) could include or reference the money that is no longer part of the estate on the day the will was drawn up.... i.e not mums to give in the will.

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        • #19
          Re: Gifts made prior to Will

          Originally posted by idlewild View Post
          Thanks for the help, I will report back once I've seen the solicitor...

          I still find it hard to comprehend how a will produced after the gift had been given (and at a time I was the sole recipient of the will) could include or reference the money that is no longer part of the estate on the day the will was drawn up.... i.e not mums to give in the will.
          Quite. As things stand, you need both proof that it was indeed an absolute gift and a solicitor.:tinysmile_hmm_t2:
          “Find a place inside where there's joy, and the joy will burn out the pain.” Joseph Campbell

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          • #20
            Re: Gifts made prior to Will

            This is going to sound awful but I can't think of a nice way to put it........you mentioned your Mum gets confused..just how confused does she get??
            Confused enough to be coerced into doing things such as change her Will?
            Why were you sole beneficiary then not?
            Were the sisters 'on the scene' when the original Will was made and left out on purpose?
            Do you have a relationship with your half siblings?
            I think your case hinges on your Mum identifying that the lump sum she gave you was a gift and not an 'early inheritance'
            Does Mum remember giving you the money and why?
            I personally would sit down with your Mum and sisters and thrash this out (maybe with an independent witness?,,someone who has no familial interests?)
            If the money you were given is now being seen as a 'loan' as per the wording of the new Will,you could have a problem.

            Seek proper legal advice as soon as possible,whilst your Mum is still here.,I can't think of the flipping title of an independent person acting solely in your Mums best interests,who could oversee any such meetings ,,hopefully another Beagle will get my drift and think of the title for me.











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