Can a Person Claim Back Money They Gifted Someone?
Discussion
Sheepshanks said:
Pro Bono said:
jmcc500 said:
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.
Apologies for going OT, but did they take any legal advice? It sounds like the two kids you mention would have had a very strong - verging on cast iron - claim under the Inheritance (Provision for Family and Dependants) Act 1975.Unfortunately there’s a 6 month time limit from the date probate was granted to make a claim, but it can sometimes be extended.
I did wonder in the OPs case if the widow has been adequately provided for, or if she is financially independent.
jmcc500 said:
On reflection I was unclear in my post - all 'children' or 'kids' mentioned are now adults so not dependent. Solicitor dealing with the estate was very sympathetic but clear that step mother inherited estate from father, and it was then up to her to do as she pleased. Thanks for offer of advice, but this is also a few years ago so fails on all grounds for any kind of appeal!
There have been cases where adults have won - there's one often referenced that involved charities and was back and forth in Courts for years with both the decision and the amount awarded being appealed by the charities involved.Glassman said:
5lab said:
does the deed specify the house can be split up into flats and the MIL only gets one? this seems like an odd position to be in - there'd be nothing to turn the house into one tiny flat the MIL gets (thus effectively forcing her out). Regardless of the past, I'm not overly surprised she's digging her heels in and asking for money to help buy a property if the current proposal is to carve up her family home without her consent.
To be clear, yes, it was her family home but she's never been comfortable with it and tried very hard to get her husband to sell. The house, was the marital home of her late husband and his late wife. When she moved in, it was already paid for. No mortgage. She, herself comes from a wealthy family and has always focused on material wealth. She wanted it all, but the house was already in his daughter's name. Resident Evil wanted it all to herself and his idea of placating her (my guess) was to give her the reassurance that she wouldn't be homeless after his death. I don't know if she sought any independent advice, but she's there and will be until the end. The Deed always stated the house can be split into two dwellings.
pork911 said:
Glassman said:
5lab said:
does the deed specify the house can be split up into flats and the MIL only gets one? this seems like an odd position to be in - there'd be nothing to turn the house into one tiny flat the MIL gets (thus effectively forcing her out). Regardless of the past, I'm not overly surprised she's digging her heels in and asking for money to help buy a property if the current proposal is to carve up her family home without her consent.
To be clear, yes, it was her family home but she's never been comfortable with it and tried very hard to get her husband to sell. The house, was the marital home of her late husband and his late wife. When she moved in, it was already paid for. No mortgage. She, herself comes from a wealthy family and has always focused on material wealth. She wanted it all, but the house was already in his daughter's name. Resident Evil wanted it all to herself and his idea of placating her (my guess) was to give her the reassurance that she wouldn't be homeless after his death. I don't know if she sought any independent advice, but she's there and will be until the end. The Deed always stated the house can be split into two dwellings.
Edited by andburg on Wednesday 22 November 08:48
I think there a possibility that both parties consider the other ungrateful, rather selfish and a touch malicious.
I don’t mean that in any judgmental way. But it isn’t impossible to imagine how the widow would describe the behaviour of the step children despite her even previously helping financially (I mean imagine how she could offer a one sided view as the OP has). She may consider to try and push her out / disrupt her home of many years to be as nasty and unnecessary as her using that no record is in place of the gift to leverage the situation.
Certainly not saying she’s right. But assuming the tone of the OPs descriptions is matched by how “resident evil” (was she really “welcomed into the little family”) would talk about the remaining family, it’s possible to imagine lots of leverage being used both ways in the absolute belief they are in the right,
I don’t mean that in any judgmental way. But it isn’t impossible to imagine how the widow would describe the behaviour of the step children despite her even previously helping financially (I mean imagine how she could offer a one sided view as the OP has). She may consider to try and push her out / disrupt her home of many years to be as nasty and unnecessary as her using that no record is in place of the gift to leverage the situation.
Certainly not saying she’s right. But assuming the tone of the OPs descriptions is matched by how “resident evil” (was she really “welcomed into the little family”) would talk about the remaining family, it’s possible to imagine lots of leverage being used both ways in the absolute belief they are in the right,
Update:
We instructed a solicitor (specialist, recommended by a judge friend) who responded to the letter from her solicitor. When there was no response he sent a reminder. Still no response. He then wrote to her firm and still nothing.
It's starting to look as flaky as the letter itself.
We instructed a solicitor (specialist, recommended by a judge friend) who responded to the letter from her solicitor. When there was no response he sent a reminder. Still no response. He then wrote to her firm and still nothing.
It's starting to look as flaky as the letter itself.
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