Can my aunt demand this money from my mums estate?

[askyfullofstars]

Both my grandad and my mum died recently. My mum died intestate and we have appointed a solicitor to deal with probate.
Tbh Im struggling enough having lost my mum so I just cant think clearly.
Years ago my grandad gifted my mum 40k. My mum did absolutely everything for my grandad and he said that while he had put in his will that his children were to inherit equally (to stop any squabbles), he wanted to do something nice for my mum.
My aunt called earlier and said that she is sorting my grandads affairs and she has the documentation for the 40k transfer.
She says that this was given to my mum by my grandad so that if he ever ended up in a home he would have some money that the govt couldnt take.
My grandad was vehemently against going in a home I cant imagine him planning on going into one.
So she wants me to transfer the 40k back.
I just said "well isnt it possible that that could be my mums inheritance" to which she said "your mum doesnt inherit, she died". I pointed out that in the eyes of the law she died after grandad so should still inherit (tbh I wasnt arsed about that money at all but I suddenly felt so mad that SHE had taken to the decision to completely disinherit my mother).
I told her Id need to speak to our solicitor (she was v. surprised we had one) but she said "I know you livin, I know youll do the right thing".
But wtf is the right thing? I just get the feeling she saw the money transfer and tried to catch me while Im very vulnerable to get it back to divide among my mums siblings.
I know I can speak with my solicitor on monday but I suffer badly with anxiety (again, she knows) and this is doing me in. I just want this all over so I can draw a line under it and everyone can start moving on with their lives. I cant cope.

[ostell]

Re: Can my aunt demand this money from my mums estate?

The money was a gift many years ago and your aunt can do nothing at all about it, unless it was mentioned in your granddad's will. Just check the will when your granddads estate is distributed to make sure that it has been done as he requested and she hasn't removed the £40k from your Mum's share. If she doesn't follow the requests in the will then she could become personally liable. You are, of course, correct in that your mother's estate includes her share of granddad's will and that will then fall to you and your siblings.

[des8]

Re: Can my aunt demand this money from my mums estate?

Hi and welcome.
Sorry to hear about your losses of your nearest and dearest.

Putting aside the question of Inheritance Tax, if the gift was made and accepted unconditionally, it remains within your mother;s estate.
You don't state explicitly that your grandfather left a will, but assuming that he did and that the gift is not mentioned therein, then the gift is not part of your mothers legacy.

Have you seen the "documentation" your grandmother has? Could it indicate the gift was conditional in some way?
As your mother was very close to her father ("did absolutely everything for" him) would your grandmother allege undue influence by your mother in obtaining the gift?

[ostell]

Re: Can my aunt demand this money from my mums estate?

des8 It's and aunt that's causing the problems, not the grandmother.

[des8]

Re: Can my aunt demand this money from my mums estate?

Oops, sorry I'm easily confused1

[Debt Camel]

Re: Can my aunt demand this money from my mums estate?

You are going to need to speak to your solicitor. It's would seem unlikely that the money can be demanded back, but without knowing what the "documentation for the transfer" is it's impossible to be sure.

But there is also the question of how much your mother should inherit from grandfather's estate. And here the gift may well be a complication, see http://www.lawgazette.co.uk/law/prob...75.fullarticle

[askyfullofstars]

Re: Can my aunt demand this money from my mums estate?

Sorry for the delay. Hope I can answer a few questions.
Firstly, it is massively unlikely that I will ever see the will so Ive no idea what it would say.
Secondly, the 'documentation' from what she said, I think, is just the receipt/form showing the transfer.

[des8]

Re: Can my aunt demand this money from my mums estate?

if probate has been granted you can obtain a copy here for £10 : https://www.gov.uk/wills-probate-inh...robate-records

[Openlaw15]

Re: Can my aunt demand this money from my mums estate?

Sorry for the delay. Hope I can answer a few questions.
Firstly, it is massively unlikely that I will ever see the will so Ive no idea what it would say.
Secondly, the 'documentation' from what she said, I think, is just the receipt/form showing the transfer.

Did your granddad have a Will, as this is important. If he didn't have a Will (intestacy), it requires a Grant of Administration. If he did it requires a Grant of Representation, ie Probate. Does your aunt have either of these to deal with your granddad's estate?

Did your granddad write it down about the £40k as a gift to his children to have equal shares, and more importantly did he either deliver the money, or put it in a bank account in your mother's or other person's name for 'his children?' It requires your granddad's certainty of intention; of subject matter (ie £40k); of objects (children). It seems likely 'the children' are easily located so this shouldn't be an issue, ie objects are certain. If so, it's seemingly a valid gift to your mother or whomever, possibly for the children. You state that your aunt is dealing with the documentation so there is clearly relevant paper-work to support some sort of gift transfer. However, you do not indicate how the gift was transferred and to whom. I would think it was valid overall - at least there is such inference anyway, out of the limited fact you provided.

'Something nice' is likely to fail as a gift actually as the subject matter in a gift has to be certain. This could be challenged if there was something in writing which makes clear what that 'something nice was.' It would fail the subject matter test, more likely that not. I assume your mother was one of the children. So, your mother should have an equal share of the £40k, divided by however many children there are.

As your mother doesn't have a Will (intestacy), her estate should normally pass to her surviving partner, unless of course your mother made provision for you by way of a written statement and or delivered to you, to meet the formalities of a gift.

[askyfullofstars]

Re: Can my aunt demand this money from my mums estate?

My grandad had a will, my mother died intestate.
The documentation she refers to I think is just the transfer receipt the thing the bank give you that shows where its gone.
My father died many years ago and I think my grandad just wanted to make m y mums life a bit easier.

[des8]

Re: Can my aunt demand this money from my mums estate?

Please get a copy of your grandfather's will.
Without that , everything is just speculation.

[askyfullofstars]

Re: Can my aunt demand this money from my mums estate?

Just searched on that link and there are no results. I thought maybe it wasnt up to date but my mums is there so I guess she hasnt obtained probate yet.

[des8]

Re: Can my aunt demand this money from my mums estate?

So she should not be doing anything with the estate until she has probate, as she does not have the authority.
Ask her for a copy of the will, and see what she says.
Is your aunt one of your grandad's daughters?

[askyfullofstars]

Re: Can my aunt demand this money from my mums estate?

She is my mums younger sister.

[des8]

Re: Can my aunt demand this money from my mums estate?

She is my mums younger sister.

....and they are your grandfather's daughters?

How long ago was the gift of £40,000 made to your mother?
Do you know for sure that your Grandad left a will? (as confirmed post 10!)
If he did do you think he would have made your aunt his executor?