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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, My mother has given us ( 4 children) different amount

Resolved Question:

Hello, My mother has given us ( 4 children) different amount of money/ rental income as an uncondition gift to all her sibling seperately around 6 years ago, and I was given 100K. A year later I built an granny annexe at the back of our house, so that my mum can move in and live with us in 2009, but other 2 brothers were against the idea as our mother has started showed memory problem and want her to continue to live at her own home ( own property)
My mum now has now assessed lacking mental capacity and the Court of Protection has appointed official deputy to manage all her financial affairs since my 2 brothers have refused to let me and our older sister to be our mother's deputy attorney.
4 siblings had a long meeting with the professional deputy on 15 May, the deputy agreed that nothing further investigate about the gift money she gave us since medcal report proved that she has mental capacity to give away her money and property to her 4 siblings. My younger brother has to hand over our mother's remaining 350K to the professional deputy, so that live in 24/7 care can be arranged for our mother to continue to live at her own home. My sister and I have been the main live in carer for our mother for the last few moths when our younger brother refused to fund the live in arrrangement since it costs too much than the EMI care home, so I have to involve the Court of Protection as our mother was so upset the idea of care home placement.
Now I have received the following email from the deputy who has interpretted the gift money as a fund to enable me to build anniexe for my mohter, so I can imagine it must be my younger brother who has given the wrong information. Another addititonal problem is I have aready transferred the property to my ex wife when we're divorced in 2012 as part of the clean break agreemtn. So I would like to know where do I stand legally and can I refuse to accept deputy's interpretation of the gift money.

Regards,
Alex

part of the email from the professioan deputy.
"One of the issues raised was the granny annex. It is our understanding that your mother provided you with the funds to build a granny annex on your property with the intention that she would then move in to live with you. Although this was the original intention your mother never moved into the granny annex and therefore you have benefitted from an extension to your property using your mother's funds.

Hina's duty as deputy is to consider whether there needs to be any form of reimbursement of funds to your mother.

WE have therefore suggested that a valuation is carried out to value your property as at the date the granny annex was built and today's value. The valuations will be based on what the property would be worth if the granny annex was not built and what it is worth with the benefit of the granny annex."
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much were your siblings given?
Clare
Customer: replied 3 years ago.

Hi Claire,


 


1)older sister was given three overseas properties in Asia since 1997 and had been collected the rental until 2010, so she was benefitted to have 200k income. My older brother then manuipated the situation and made my sister transferred back the 3 overseas propeties back to our mother name in 2010. She was given cash as gift from both parents, but I don't know the exactly amount.


 


2)older brother Andy was given a house in 1990 and our late father then lent him a loan 80K to purchase a take away shop in 1997 and later lent another 120K to enable mu older brother to purchase for the freehold. He told us he had returned all the loan money to our late father, but we could not find any proof during the probate that he had paid back the outstanding loan to our mother. He doesn't visit our mother anymore since he has taken side with our youngest brother when Sister and I started to question why Kevin closed her saving account and transferred the 420 K to another bank without our mother's consent or knowledge, so we are no longer in speaking term with Andy and Kevin.


3) younger brother Kevin, parents gave him a house around 1990 when our parents retired from their catering business. He offered to buy the take away sho from our father for 75K and only paide the loan back around 30K, again hasn't paid back the outstanding loan to our mother. Father also lent him 200K to purchase the freehold for the take away shop in 1998. kevin then sold the freehold 2 years later, but he didn't pay back the outstanding loan to our father and mother. again he said he has already paid off the loan and only offered to pay 10 k to our father after the funernal. Our mother just hoping they will pay her back one day and of course she won' be able to now given she has no mental capactiy now. So as you can expected that our parents did not need to have written contract or agreement with our brothers when they borrrowed money from our parents.


With regard to my 100K as a gift money which is totally seperate issues since I was given the gift money in May 2009 by a cheque since I owned my own commercial property redevelopment business, so I have to be accoutable to my finance. I then started to worry about our mother when she told me that she is getting lonely and is considering to sell her own house and perhaps going back to Hong Kong to live. Then I discusses with my wife then who agreed to build an granny annexe so that her mother can continue with her independent to cook.


 


P.s The professional deputy suspected our mother's latest's will was faked and only Kevin has a copyof the Will which looked like the the date of the chop was added later and the solicitor who did the Will was stuck off now. Kevin would be sole beneficiary should she died


So I hope you can give me your expert advice as PD is expected me to give her a reply ASAP.


Regards,


Alex

Expert:  Clare replied 3 years ago.
Hi
You should respond with a detailed letter setting out the extent of the gifts that have been given to your siblings and pointing out that the gift to you was in line with this and that there was no understanding that you would build a Granny annexe.
You should further point out that had it in fact been a loan on that basis then the issue of your mother's living arrangements would have arisen much earlier and your mother would have moved in.
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Thank you so much for yoir prompt response and I'll take on your advice accordingly! Can PD insisit my ex wife who now owned the matrimonial home to refuse to be co-operate with PD suggestion since I will move out from the matrimonail home to my new own home which is out of London area once PD can set up live in carer arrangement to care for our mother. I will continue to paly my role and go to visit her weekly at least and be the emergency contact as our mother sometimes gets upset with live in carer in the past, so I have to clam her down or visit her at home straight away which has caaued me thousand of pounds to put ,y own business on hold. Although our mother has been assessed lacking mental capacity to manage her financial affairs , but she is still capable to express her views, s I have asked PD to carry out her own assessment with an independant interpreter who speak Cantomes so that PD can verify the above with our mother

Regards,
Alex
Expert:  Clare replied 3 years ago.
Hi
It would not be sensible to refuse a valuation - but assuming that there was a valuation within the matrimonial discussions then that valuer could be asked about the amount by which the value was enhanced by the extension
Clare
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