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If someone lies to their solicitor about their income (they

 
F E Smith's Avatar
  • Answered by:F E Smith
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Customer Question

If someone lies to their solicitor about their income (they are not paying tax as receiving cash in hand and benefits) could this work against them in their case of trying to extract monies from an estate?

 

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System of Law: England-and-Wales

Already Tried:
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Submitted: 286 days and 2 hours ago.
Category: UK Law
Value: £33
Status: CLOSED
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Expert:  F E Smith replied 286 days and 2 hours ago.

Good day,

I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.

-Could you explain your situation a little more?

Customer replied 286 days and 2 hours ago.

My Dad married a lady when he was dying of cancer in 2010 to ensure she would be looked after and to save IHT. He never lived with her but left her the flat she was living in in his Will plus a lump sum. He died in November of 2011. She is now attempting to claim under Inheritance Act of 1975 that she has not been adequately provided for and wants his flat (valued at 2x the flat she has been left) and a substantial lump sum. She has been left just under 20% of his net estate. She came from Poland 8 yrs ago and has no assets of her own but works full time from 730am until 6pm every day at various residences cleaning. She has given her solicitors a statement that she earns £625 per month and claim over £500 per month in benefits too! We are in the process of proving her work situation but would this lie go against her?

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Expert:  F E Smith replied 286 days ago.

Good afternoon,

I am sorry about the delay but we have had a few technical problems.


It will certainly go against her if this happens to be found out. Anyone who lies in this situation is deemed as totally discredited and the case in all likelihood collapse. Furthermore, if she is receiving Legal Aid and she has not been truthful, then her funding would be stopped. You would be wise at this stage to make her solicitors aware of this if you are absolutely sure to prevent any further costs accruing at this stage.


Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.

Best wishes FE

Customer replied 286 days ago.

Thanks


 


To substantiate our case, we would be arranging for a private investigator to collate the proof. Would that help our case?

Accepted Answer

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Expert:  F E Smith replied 286 days ago.

Good afternoon again,

Yes that would be excellent admissible evidence.

Please remember to only rate my answer when you are fully satisfied. If you feel the need to click either "Helped a little" or "I expected more" please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue further and do everything I can to provide you with the service that you seek.

Best wishes FE

Expert TypeSolicitor
Category: UK Law
Pos. Feedback: 98.9 %
Accepts: 6400
Answered: 6/29/2012

Experience: 30 years in General Practice

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Expert:  F E Smith replied 282 days and 13 hours ago.

Hi,

I do hope my answer has proved to be of benefit to you. If you should require my advice in the future please do not hesitate to me starting your question with FOR THE ATTENTION OF FE SMITH.

 
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