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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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for many many years i have been the main unpaid and willing

Customer Question

for many many years i have been the main unpaid and willing carer for both my parents in their ageing and health failing years. Mainly myself but with my husbands support I have done their weekly shopping, cooked, cleaned,taken them to endless hospital/doctor appointments, stayed overnight to care- the list is endless. Despite their failing health we managed some good times taking them on holiday, out for trips/meals.
My sister lives away and rarely visited or telephoned our parents.
My brother though local limited his contact with mum and dad to an hour on Sundays for a cuppa and a chat. Not even when mum was wheelchair bound for 14 months did he take her out or push her anywhere in it.
For mutual personal reasons i have not been in contact with my brother for 14 years.
My Dad died over 6 years ago.He did not leave a will and all his money went to mum. When dad died in 2006 mum gave me and my husband £15,000 of Dad's money saying it was Dad's wish as a gift to us for all the years of help, support, and kindness we had given so willingly, and knew that we would continue to look after mum for him and we did.
Mum had enough money of her own and never wanted for anything in the 6 years she was widowed.Her health deteriorated over the last 2 years and she was diagnosed with terminally cancer 12 months ago and died recently.
Mum left a will which she made over 5 years ago appointing myself and my husband as executors.The 3 equal beneficiaries are myself, my brother and my sister. The net estate is valued around £65,000.
I have had weeks of my brother being awkward and bulling me over sharing fairly the sentimental and practical contents of Mum's house. The house contents issues have been settled now with the help of a solicitor. But now my brother has seen mum's bank book and questioned the gift made to myself and my husband.My brother is accusing us of taking advantage of Mum and insists we put the money back into her estate or he will take legal action. We are mortified by his accusations and it is making me ill. Morally we know we have done nothing wrong and know it was a genuine gift. But legally we have no paperwork to confirm this, and with hindsight wish mum had put something on paper. How do we stand legally on this. Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
How much was the gift for?
Customer: replied 3 years ago.

£15,000

Customer: replied 3 years ago.

£15,000 and i seem to have lost the linc to just answer - will you still forward an email reply to me - if not how do i link up again

Expert:  Stuart J replied 3 years ago.

U get an email with every reply. Please confirm the gift was 7 years ago. How was it made?

Is yr sister aware and OK with the gift?

Customer: replied 3 years ago.

the gift was 6 half years ago and yes my sister knows about it is ok with it and it was made by cheque.


 


 

Expert:  Stuart J replied 3 years ago.

It is looking better.

Was the cheque signed by mum? You dont have copy by any chance?

Were you a signatory on her bank acct?

Customer: replied 3 years ago.

i do not have a copy of the cheque but yes it was signed by mum.


 


No i was not a signatory on her bank account.

Expert:  Stuart J replied 3 years ago.




Excellent.

In which case, it is not £15,000 that your brother is in dispute over it is
£5000 because £5000 is his one third share of the money because the other two
£5000 (had it still billing your mother's account) would go one to each of you
and your sister.



On these facts, I would tell your brother to bring it on. He is going to have
two come up with some proof, you coerced mother into signing a cheque, and he
is going to have to come up with proof from six years ago, which is going to be
virtually impossible.



If he was asking me the question I would tell him that whilst he may (or
may not) have a legitimate complaint, this is one that I would not be going to
court on unless he wanted to spend a lot of time and possibly money on it with
a substantial chance of losing.



From your point of view, you have nothing to hide. It was six years ago and
you have no money, since from your mother's account I assume. People who commit
this kind of alleged theft/fraud tend to do so on several occasions over a
period of years and not one isolated incident six years ago.



Even if he did decide to go to court, the matter is decided on the balance
of probabilities, so the court only has to find 51% in your favour, and he
loses.



At this stage the evidence is in your favour.



Can I help further?



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The thread remains open for us to continue this exchange



Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

really sorry I pressed the rated thing without choosing excellent.


 


will try again


 


thankyou so much. i have not received any money gifts off mum since except for usual xmas and birthdays and not large amounts. It was a one off gift which my Dad asked her to make to us. .



thanks again.


I

Expert:  Stuart J replied 3 years ago.

Rating sorted now. OK is positive so I get paid.

Glad to help. Regards

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