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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33276
Experience:  25 years exeperience
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I omitted to send you plans. Can we continue please?

Customer Question

For ClareI omitted to send you plans. Can we continue please?
Submitted: 4 months ago.
Category: UK Property Law
Customer: replied 4 months ago.
Well may I start again?
best wishes
Expert:  Clare replied 4 months ago.

Of course we can

Customer: replied 4 months ago.
Thanks Clare.
So very glad to reconnect with you. I also sent in a long piece, for your attention, requesting help with my father's will. Might we look at that first please?
Very best wishes
Can you find it? I accidentally spelt your name with an 'i'... so it starts hi claire... if that helps. Do hope you can locate. It was at least a page long!!
Customer: replied 4 months ago.
Oh hang on. The clare i was relating to had thousands of ratings... so with 376 I'm guessing you're new? Am sure you will do really well ... but I'm hoping to reconnect with clare who's been on here for some years! Can you possibly let her know I'm waiting? Many thanks xx
Expert:  Clare replied 4 months ago.

No it was me - the Site has just played about with our ratings!

I can access that question - which has been closed for some reason!

Customer: replied 4 months ago.
Thanks so much for getting back to me.So you're able to see the earlier question? Or did you mean you can't as its been closed? There's an add files option here.. I'll come back and try that
Customer: replied 4 months ago.
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06 July 2016 02:56
Hi Claire WE spoke previously - shortly...
Hi Claire
WE spoke previously - shortly after my father died. I was shocked that my sister whilst having the responsibility for my father's welfare sold his bungalow and used some of the proceeds to buy a Range Rover.My father helped me to buy a house in 1989 whilst I was pregnant with mydaughter. I was paying a mortgage on top of his deposit initially, but he took over and eventually paid off the mortgage. In addition to these sums and everything that could possibly be added eg educational expenses, was included in 1997 as a trust which might be considered to have been a non-commercial mortgage. However at some point after paying off the commercial mortgage for me my father declared that he did not want to be repaid. This may have corresponded with the death of his father and his own inheritance, so he was in a position to be generous and wanted to help. My daughter also stayed with my parents for a year whilst I was studying and they were closely involved with her, given that I was a solo parent, I was very grateful indeed and willing to accept this help.As an accountant my sister took an interest but always said she didn't need or want any financial help from my father. My other sister, we are three girls, also needed some help but never resented the 'extra' assistance which I received.Shortly before my father died my youngest sister, the accountant, started to behave in a very controlling and I feel quite a monstrous way. She also announced that she wanted her share of Dad's help. So instead of 1/3 each after Dad died (and as our mother had instructed in her will having died 2 years earlier) my youngest sister, who by this time had control of Dad's financial affairs, was proposing to total all sums expended throughout our lives almost, but certainly, since my daughter put in an appearance, and to equalise her 'interest' with that of spending on myself and my other sister by our father. She must have instituted legal documentation to secure this since in addition to the will there is other paperwork, that is dutch to me, which i gather stitches up my other sister and myself.Her husband, my brother in law, is a trained barrister, tax consultant and accountant and he uses the services of a friend trained in trust law who became the 3rd party in the various trusts they set up. My brother in law is even mentioned as being a party who is to be consulted in the appointment of any future trustee (his friend will be retiring next year).My sister sold my father's bungalow apparently to try to stop my other sister and me from visiting our father before he died. He had moved with our mother from the former family home to be near the youngest sister (we all wanted our parents nearby but the farm of my youngest sister had the greatest appeal). My sister took advantage and used the proceeds of this sale to buy a range rover whilst she had the duty of care for him and his finances, but she gloatingly tells me that there is no longer any evidence of this transaction.My understanding was that my father wanted to pass one third of his various accumulations to each daughter of the substantial sum he had acquired prior to his death. However in view of the skill of my sister and her associates in shoring up the paperwork, which she tells me would be impossible to challenge, do you think there might be any prospect of recovering the full two thirds of the inheritance as we understood was intended (since our father had said that the former loans were to become gifts - which he did not want returned to his estate) for both myself and my other sister?
Customer: replied 4 months ago.
will
Expert:  Clare replied 4 months ago.

How much was the Estate worth in total - and what happened to your late mother's estate?

Customer: replied 4 months ago.
a million... so 333 pre inheritax which would have been at 25%....?well whatever amount we were supposed to get my sister deducted the value of my house which was about £180, 000 so thats the amount I'm missing I think. But I don't really know. She has sent me docs ... but she's fed up with re-sending.mother left everything to us in 3 equal shares without this complicated trust business. so thats not contentious. sadly my share just about cleared my debts.appalling specimen of humanity that i am.. i did believe my sister was helping to look after my affairs. the whole point of the 97 trust was to wrap up my house from creditors. The house may go direct to my daughter. Sister is pressing me to decide since 2 grand tax will be due plus the solic trustee (a friend of bro in law... which has made me smell a rat) is retiring. All debt has been settled. All tax has been paid. but i didn't reckon on having to protect my interests from my sister! well more specifically my bro-in-law. It seems he orchestrated this coup.
Expert:  Clare replied 4 months ago.

Will you third sister support you in any complaint?

Customer: replied 4 months ago.
she wrote a letter to the effect that Dad had said he did not want to be repaid and that the sums were to be treated as gifts.
Customer: replied 4 months ago.
Our youngest sister, the accountant and trustee, tends to put mid sis, mentioned above, under pressure but she can also be very helpful towards her and mid sis doesn't want to lose contact.
Customer: replied 4 months ago.
What form would 'the complaint' take?
This sounds like a possible avenue and if its formal and appropriate, instead of the cosy thing going on with the youngest, H, her husband and his friend, if there is a body to complain to which gets the attention of H and cohorts including the unimpartial solicitor/trustee, great. I would imagine A, thats middle sister would be comfortable with that.
Customer: replied 4 months ago.
I did send in a caution... but sis responded with a 'warning to caution' or caveat??
I wasn't organised enough to respond and was away for the duration. But i gather it makes no difference. Though perhaps it demonstrates my immediate and complete objection to her plan?
Expert:  Clare replied 4 months ago.

Sorry - that was regarding the Will - which has now gone to probate?

Customer: replied 4 months ago.
That was more than two years years ago now.
It has been through probate... I tried but failed to intervene then.This is very retrospective. I know there's a time limit ... except in cases of fraud. Does this count as being in that category?
Customer: replied 4 months ago.
I think dad died in 2012.
Expert:  Clare replied 4 months ago.

Ok

So what actually happened - how much did you each receive?

Customer: replied 4 months ago.
well nothing.
money, I believed, was to be held 'in trust' for whoever needed it and was being handed out by youngest sis on application as she was deemed by father to be good at managing money. Dad's idea was to keep his money safe and for it to be used purposefully and not for day to day matters. An in principle division into three of his estate was envisioned but without being handed out and put at risk of immediate spend. This was fine with me and a noble sentiment.However youngest sis has taken an amount and put it aside for her 2 children. So out of dad's trust and into another separate fund. She also calculated the assistance given to my other sister and me and added all the sums that had been expended to help us whilst dad was still alive (rather than applying the one third principle AFTER dad's death) apparently on the basis of equalising and catching up with that prior spend. Thus she took an unknown sum derived from this calculation determining it to be 'her share'. I know she spent £150,000 on a range rover. This was whilst dad was still alive. She sold his bungalow in the face of his objection and whilst she had 'power of attorney' , which I understand was an abuse of her position, a fraud, and a betrayal of trust. Dad was terribly upset. She had also started objecting to my other sister and me coming up to stay in Dad's bungalow, inspite of the fact that this was hospitality that Dad wanted to offer. He also wanted to help his life-long friend, the wife of his former best friend, but my sister objected to this too.
It seems there are monies remaining which my other sister and me can apply for but the house which I bought when I was pregnant with my daughter is now being 'given back' to me as part of my prospective inheritance as if my former house (now in the names of the trustees) had not been settled up and paid for previously - when Dad paid off the mortgage and told me that he didn't want to be repaid.
Expert:  Clare replied 4 months ago.

have you seen any accounts for the trust?

Customer: replied 4 months ago.
she gave me a breakdown of all my expenditure and her calculation of my 'share' as she sees it.
Expert:  Clare replied 4 months ago.

Not good enough - has she shown you the annual accounts of the trust?

Customer: replied 4 months ago.
Aha! ok.
No I don't think she has. So I can ask for them?
This will of course put her on notice. She has already hidden the car - funds for which she took from dad whilst she was a protector (what is the official name???) as having been a gift from her husband. But maybe there will be a paper trail somehow? My other sister was asking to see bank accounts. But these were never forthcoming.
Expert:  Clare replied 4 months ago.

The Trust has to produce annual accounts - ask for them.

Also ask her to put in writing her justification for all of the payments she has made so far

Customer: replied 4 months ago.
Ok I'll ask for a copy of the annual accounts.
Payments out have been to myself (not contentious) and to my other sister. The issue goes back to the DISTRIBUTION initially.She took an amount and put it into an account for her sons which she says she will not be touching.A new trustee will be needed. Can you recommend anyone? I'm in Swansea south wales, my middle sister is in Bournemouth and the youngest sister in Cheltenham. So any of those areas?
Customer: replied 4 months ago.
initial distribution (sorry for the upper case shouting earlier!) was the problem and my sister told me I'm not entitled to know details of the other shares ie to herself and to my other sister. Is that correct please?Can you recommend a new trustee? Ideally however my objective would be for the three of us to become trustees with equal interest and power. This does seem to be what other families do. Somehow it seems that Dad was persuaded to let my sister take charge.Do hope you can help. I am very grateful indeed for your kind interest.
Expert:  Clare replied 4 months ago.

The Trustees do have to account for the monies given at any time - it should form part of the annual accounts

I would suggest that you make it plain that unless proper accounts are produced and declared you may have to consider applying to the court to have her replaced

Customer: replied 4 months ago.
1/ I have now seen the accounts. Thank you so much for this advice. I do wonder if they have been 'adjusted'.2/ Can I ask for copies of Dad's bank accounts? It was while he was still alive that my youngest sister bought a Range Rover from the premature sale of his bungalow. My other sister asked for these statements but was told "not unless there are legal proceedings pending".3/ My sister says she wishes to resign from her role as a Trustee - because I don't currently agree with her.4/ A new 2nd or 3rd trustee (how many should there be to manage a trust - I think Dad may have been the 3rd person whilst alive??) needs to be appointed as the Solicitor whom Dad appointed also wishes to retire. Can you suggest how the trustee arrangement could be changed to include me so I have some legal say ? Or do you know of and can you suggest a firm of Trustees?
Expert:  Clare replied 4 months ago.

Sadly no you cannot ask for the accounts

Might I suggest that you ask your third sister to join a solicitor in her area to act as Trustee.

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