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My uncle died in Scotland aged 98,in May 2016. Under the terms of his Will I am entitled to one half of the residuary estate along with my brother for the remaining one half. There are no other family members.
His will was made in Scotland in 2007. He was of sound mind and lived independently in his own home until a couple of years before he died following a number of falls at home.
In 2009 he expressed a wish that he wanted me to hold Power of Attorney for his financial affairs even although he continued at times to deal with these himself with help from me to manage his internet banking when necessary. Throughout his life he had always been supportive to me financially by making monetary gifts to me. He believed, as I did at the time, that he could continue to do so even although a POA was now in force. All of the payments to me are shown in his bank account statements. He never felt it necessary to record in writing that these were continuing gifts to me for his own personal reasons apart from personal letters to myself which Unfortunately I no longer have.
I have now received a letter from my co-executor (solicitor) to say that my POA did not entitle me to make any gifts and it is the law in Scotland that there is a presumption against donation where there is no evidence of donation by him! He requires me to repay to the estate one half of all the allergen gifts made over the last 7 Years. I have no means to do so. I can imagine what my Uncle would say if he was still with us!
My brother who is the other beneficiary is outraged that I should have to repay anything as it was I who cared for him in his later years. He has informed me that as far as he is concerned (he has adequate means) and taking into consideration his own IHT, he does not wish to receive anything from the residuary estate. He has suggested he makes a Deed of Variation or suitably worded letter directing that his share should be given to me.
i would very much welcome your thoughts on this matter as it is now making me feel quite ill. I also have a feeling that the Solicitor on other matters as well, is prolonging various other issues to increase his fee income!
thank you in advance and apologies for the length of this post.
His will was made in Scotland in 2007. He was of sound mind and lived independently in his own home until a couple of years before he died following a number of falls at home.
In 2009 he expressed a wish that he wanted me to hold Power of Attorney for his financial affairs even although he continued at times to deal with these himself with help from me to manage his internet banking when necessary. Throughout his life he had always been supportive to me financially by making monetary gifts to me. He believed, as I did at the time, that he could continue to do so even although a POA was now in force. All of the payments to me are shown in his bank account statements. He never felt it necessary to record in writing that these were continuing gifts to me for his own personal reasons apart from personal letters to myself which Unfortunately I no longer have.
I have now received a letter from my co-executor (solicitor) to say that my POA did not entitle me to make any gifts and it is the law in Scotland that there is a presumption against donation where there is no evidence of donation by him! He requires me to repay to the estate one half of all the allergen gifts made over the last 7 Years. I have no means to do so. I can imagine what my Uncle would say if he was still with us!
My brother who is the other beneficiary is outraged that I should have to repay anything as it was I who cared for him in his later years. He has informed me that as far as he is concerned (he has adequate means) and taking into consideration his own IHT, he does not wish to receive anything from the residuary estate. He has suggested he makes a Deed of Variation or suitably worded letter directing that his share should be given to me.
i would very much welcome your thoughts on this matter as it is now making me feel quite ill. I also have a feeling that the Solicitor on other matters as well, is prolonging various other issues to increase his fee income!
thank you in advance and apologies for the length of this post.
