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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My father recently died and gave me some money before he died.

Resolved Question:

My father recently died and gave me some money before he died. My mother and I have never got on even when he was alive. She has sent me 2 letters via a solicitor regarding this money. The first one instructed me to give half to my sister now and both halfs would be a gift from my father. My sister expressed that she does not want to get involved. The second one arrived yesterday and now the solicitor says that I have to return this money to her. What do I do? I don't owe her any money, my father gave me the money and now he has died she is saying to everyone that it is a loan? Help
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Sorry to hear of your problem.

 

On what basis are they claiming that you should return the money?

 

Is there any documentary evidence at all which speaks to whether the money was intended as a gift or a loan?

 

What was the value of this sum and how was it transferred?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
Hi Tom
There is no documentary evidence that it was a gift or a loan. The value is £18000 and it was TT'd to my account.
Thanks Jane
Expert:  Thomas replied 4 years ago.

Hi,

 

The status of the money is the most important issue. If it was a gift to you from your father then you do not have to return it.If it was a loan then you will have to repay it on the terms you agreed.

 

If your father requested that half the money be paid to your sister then you will have to do so. If no such direction was made then you don't.

 

From what you have stated it appears that he gifted it to you. This being the case and along the fact that there is no evidence to the contrary means that it would be unwise and imprudent for your mother to issue a claim in respect of the monies if you decided to keep them. If the fact that it was a gift was can be corroborated by your sister then you should keep he "onside" as it were since she will help if your mother does issue a claim.

 

My advice would be to write back to them refusing to give the monies explaining that it was a simple gift from father to daughter and understood as such between both parties and, if appropriate, that it was to be kept by you rather than shared with your sister.

 

The worst case scenario is that they issue a claim to recover the monies and you will both have to produce evidence to the Court in respect of your arguments and it will depend on the weight of credibility the Judge attachs to either.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully receive and you will be free to ask follow up questions.


Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
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