Can a Person Claim Back Money They Gifted Someone?
Discussion
Jordie Barretts sock said:
There is some utter rubbish posted on this thread.
OP the same happened to me. My father asked me to repay all the expenses he had (would you believe) documented that he had incurred in bringing me up. He got a tame solicitor to write to me referring to it all as a loan. I wrote back asking for proof of the sum being a loan and if none was forthcoming within seven days, to cease contact or I would consider it demanding money with menace.
Never heard another thing. That was six years ago.
Wow. Beggars belief that a solicitor would agree to write such nonsense.OP the same happened to me. My father asked me to repay all the expenses he had (would you believe) documented that he had incurred in bringing me up. He got a tame solicitor to write to me referring to it all as a loan. I wrote back asking for proof of the sum being a loan and if none was forthcoming within seven days, to cease contact or I would consider it demanding money with menace.
Never heard another thing. That was six years ago.
VSKeith said:
andburg said:
It’s not scaremongering if the money actually came from the deceased’s acccounts and has flagged
The recipient would not have to pay tax on it, the estate would. If above the IHT threshold.deckster said:
VSKeith said:
andburg said:
It’s not scaremongering if the money actually came from the deceased’s acccounts and has flagged
The recipient would not have to pay tax on it, the estate would. If above the IHT threshold.andburg said:
within 7 years that gift may be taxable, try and have an open conversation but certainly dont agree to pay it back
https://www.gov.uk/inheritance-tax/gifts
edit to add: When my grandfather died, it is my understanding the nobody got anything as his wife got the lot and wrote the whole of our family out of her will. His funeral was the last time any of the family saw her and this is what you want to avoid for the kids sake.
Someone close to me, one of three children, inherited nothing from their father who had remarried after their mother's death. None of the kids got a bean. The £3m estate instead went to Cancer Research and Barnardos. Which is great in a way but somewhat galling for 2 of the 3 kids who are living on very little and for whom even 5% of that would have been a life-changing inheritance. https://www.gov.uk/inheritance-tax/gifts
edit to add: When my grandfather died, it is my understanding the nobody got anything as his wife got the lot and wrote the whole of our family out of her will. His funeral was the last time any of the family saw her and this is what you want to avoid for the kids sake.
Edited by andburg on Wednesday 15th November 09:34
Edited by andburg on Wednesday 15th November 09:35
Simply because a letter has a Solicitors name on it does not in itself mean it has any legal basis, I see numerous pieces of correspondence from Solicitors weekly in my professional work and i'd say at least 50% of it is rubbish/ trying it on to get information.
Highly unlikely there is any basis for claiming the money back and the Solicitor is either on retention so has sent the letter or has been paid to do so.
Highly unlikely there is any basis for claiming the money back and the Solicitor is either on retention so has sent the letter or has been paid to do so.
OP, out of curiosity, does the legal letter request or demand that you return the money?
Either way, I'd be shredding it (unless you're desperately keen to avoid any fractious familial relationships).
From what you've described the money transfer was clearly a gift and never a loan. If the solicitor continues to badger you about it, ask them how the 'intention to create legal relations' contract law concept would be applied if this case ended up in court.
Either way, I'd be shredding it (unless you're desperately keen to avoid any fractious familial relationships).
From what you've described the money transfer was clearly a gift and never a loan. If the solicitor continues to badger you about it, ask them how the 'intention to create legal relations' contract law concept would be applied if this case ended up in court.
VSKeith said:
Jordie Barretts sock said:
There is some utter rubbish posted on this thread.
OP the same happened to me. My father asked me to repay all the expenses he had (would you believe) documented that he had incurred in bringing me up. He got a tame solicitor to write to me referring to it all as a loan. I wrote back asking for proof of the sum being a loan and if none was forthcoming within seven days, to cease contact or I would consider it demanding money with menace.
Never heard another thing. That was six years ago.
Wow. Beggars belief that a solicitor would agree to write such nonsense.OP the same happened to me. My father asked me to repay all the expenses he had (would you believe) documented that he had incurred in bringing me up. He got a tame solicitor to write to me referring to it all as a loan. I wrote back asking for proof of the sum being a loan and if none was forthcoming within seven days, to cease contact or I would consider it demanding money with menace.
Never heard another thing. That was six years ago.
head!My view for what it is worth.
A gift is a gift from a legal point of view.
Then there is the real world.
If my parents gave me money and their circumstances changed and the asked for it back I would give it to them at once.
If the request was somewhat vindictive ( you did x so I want my money back I wild probably start by pointing out it was a gift.
The happens to my father cousin. She gave a valuable house to the kids. She ran out of money. She asked my dad for money. Had she had no other source he would have said yes but his view is ask the kids for some back. She had and they had said no. They were at my father funeral and I made a point of ignoring them. How they could take that view I have no idea. Different values I suppose.
So legally I suspect she has nil grounds but morally and depending on why she wants it back then if she needs the money to live I would give all / some back.
A gift is a gift from a legal point of view.
Then there is the real world.
If my parents gave me money and their circumstances changed and the asked for it back I would give it to them at once.
If the request was somewhat vindictive ( you did x so I want my money back I wild probably start by pointing out it was a gift.
The happens to my father cousin. She gave a valuable house to the kids. She ran out of money. She asked my dad for money. Had she had no other source he would have said yes but his view is ask the kids for some back. She had and they had said no. They were at my father funeral and I made a point of ignoring them. How they could take that view I have no idea. Different values I suppose.
So legally I suspect she has nil grounds but morally and depending on why she wants it back then if she needs the money to live I would give all / some back.
Jeremy-75qq8 said:
So legally I suspect she has nil grounds but morally and depending on why she wants it back then if she needs the money to live I would give all / some back.
Given the OP refers to the person who gifted the money as "Resident Evil" and he suggests it was thought she'd "turned a corner" by gifting the money in the first place, I'd say she's not a nice person and there has been history due to her behaviour, If that's the case then I'd be telling her to do oneJordie Barretts sock said:
There is some utter rubbish posted on this thread.
OP the same happened to me. My father asked me to repay all the expenses he had (would you believe) documented that he had incurred in bringing me up. He got a tame solicitor to write to me referring to it all as a loan. I wrote back asking for proof of the sum being a loan and if none was forthcoming within seven days, to cease contact or I would consider it demanding money with menace.
Never heard another thing. That was six years ago.
That sounds like "tough love" OP the same happened to me. My father asked me to repay all the expenses he had (would you believe) documented that he had incurred in bringing me up. He got a tame solicitor to write to me referring to it all as a loan. I wrote back asking for proof of the sum being a loan and if none was forthcoming within seven days, to cease contact or I would consider it demanding money with menace.
Never heard another thing. That was six years ago.
HTP99 said:
Given the OP refers to the person who gifted the money as "Resident Evil" and he suggests it was thought she'd "turned a corner" by gifting the money in the first place, I'd say she's not a nice person and there has been history due to her behaviour, If that's the case then I'd be telling her to do one
But he was happy to take money from her !We know nothing of her, we know noting of the money is needed back of wanted back.
We do know this terrible person gave him a wad of cash.
Each to their own.
HTP99 said:
Given the OP refers to the person who gifted the money as "Resident Evil" and he suggests it was thought she'd "turned a corner" by gifting the money in the first place, I'd say she's not a nice person and there has been history due to her behaviour, If that's the case then I'd be telling her to do one
But he was happy to take money from her !We know nothing of her, we know noting of the money is needed back of wanted back.
We do know this terrible person gave him a wad of cash.
Each to their own.
Jeremy-75qq8 said:
But he was happy to take money from her !
We know nothing of her, we know noting of the money is needed back of wanted back.
We do know this terrible person gave him a wad of cash.
Each to their own.
I didn't take any money from anyone. She gifted it to her step daughter when the relationship was good. Now that the Will - or Deed of Trust - is being executed, she doesn't like it, and has decided that the money she passed to her step grand children should come back to her. We know nothing of her, we know noting of the money is needed back of wanted back.
We do know this terrible person gave him a wad of cash.
Each to their own.
Glassman said:
I didn't take any money from anyone. She gifted it to her step daughter when the relationship was good. Now that the Will - or Deed of Trust - is being executed, she doesn't like it, and has decided that the money she passed to her step grand children should come back to her.
Or just accept that sometimes, we have to wipe our mouth and move on.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff