Money owed by my sister

[Kh89]

Hello, I need some advice! In 1997 my father died leaving some money to both my sister and I. When I was 18 my mother gave my sister not only her half but my half of the money to help her buy a property. I had no idea that this had happened and was not consulted in anyway. I never gave permission for this. I am now 26 and have 2 young children. I financially struggle week by week I don't know if I will even have enough food in my house. My mother and step father do help me when they can but I am 26 and would rather not have their help. My partner has a brilliant job and earns decent money but again it isn't enough to make ends Meet. I have asked on numerous occasions for my sister to return my money and she point blank refuses until I am ready to buy a property and I have shown her I have savings. How am I going back to get out of this financially spiral I am in let alone save money. I have no reason to spunk the money on a holiday or a new car I just need to clear out the out goings and make life more managable. I am talking about £50,000 which I will use a substantial amount for a deposit on a property but I feel like it isn't her place to dictate how and when I spend it as it is technically my money. What do I do? I think legal action is my only way but it breaks my heart to think I may lose a sister over this.

[nemesis45]

Re: Money owed by my sister

Hello, I need some advice! In 1997 my father died leaving some money to both my sister and I. When I was 18 my mother gave my sister not only her half but my half of the money to help her buy a property. I had no idea that this had happened and was not consulted in anyway. I never gave permission for this. I am now 26 and have 2 young children. I financially struggle week by week I don't know if I will even have enough food in my house. My mother and step father do help me when they can but I am 26 and would rather not have their help. My partner has a brilliant job and earns decent money but again it isn't enough to make ends Meet. I have asked on numerous occasions for my sister to return my money and she point blank refuses until I am ready to buy a property and I have shown her I have savings. How am I going back to get out of this financially spiral I am in let alone save money. I have no reason to spunk the money on a holiday or a new car I just need to clear out the out goings and make life more managable. I am talking about £50,000 which I will use a substantial amount for a deposit on a property but I feel like it isn't her place to dictate how and when I spend it as it is technically my money. What do I do? I think legal action is my only way but it breaks my heart to think I may lose a sister over this.

Good morning KH, welcome to LB.

Always a difficult situation where family members have money that you believe is yours by right of a legacy.

You can write a letter before action to your sister, stating that you require the money to be paid within say 28 days or you will have no alternative to issue a county court claim (which will not be cheap on amount this size) for the £50K + interest and court costs.

nem

[des8]

Re: Money owed by my sister

Hi and welcome.
How was the money left to you?
Was it put in trust until you came of age, or attained the age of 21, or until you needed it to purchase a property?
Who were the trustees?
Did they have authority to release it to your sister?
Your primary target may not legally be your sister but the trustee who released it, possibly without authority.

As Nem says, it is difficult when it is family, but I do think you need to stand firm for what is yours. You probably don't want to cause a family crisis, but your family are the ones causing the problem by giving away your inheritance and then not returning it.

[Kh89]

Re: Money owed by my sister

To be honest I'm not too sure on all the ins and outs of how it came about and how my sister was given it. All I know is that she needed it for her property so my mum gave it. I believe that there may be a legal document at a solicitors stating that within 10years the money had to be paid back or when I needed it. I need it now but she is refusing to give it to me. She isn't even showing willing. I suggested opening a joint account so that she would have to be present if I spent any money, but even still she said no. I have tried being nice but I don't see why my kids suffer. She lives the life of Riley holidaying, after school clubs, you name it!! So a county court claim... How do I go about that i never thought I'd be in a situation like this. Thanks for your help

[des8]

Re: Money owed by my sister

Before you start down the legal route, can you be sure your sister actually has available £50,000 + interest at 8% p.a. for 8 years.

Also bear in mind the fees.
On line the fee for a claim between £50,000 &£100,000 is 4.5% i.e. £2,250 to £4,500
Then there will be a hearing fee of £545
You may be eligible for fee remission see here: http://hmctsformfinder.justice.gov.u..._forms_id=4396

Did your father leave a will which went to probate? Check here: https://www.gov.uk/search-will-probate.
If there was a will it might tell you the circumstances of your legacy and give you a stronger case.

[stevemLS]

Re: Money owed by my sister

Is there a limitation issue here?

It is all very odd.

[dan_1207]

Re: Money owed by my sister

Is there a limitation issue here?

It is all very odd.

Precisely my thought.