the deceased has 2 living siblings - a brother and sister.
to be a little more specific -
is the monies that was held in the joint account classed as part of the "intestacy" legally, as you have also mentioned that my mother has "legal entitlement" to this part of the monies? One seems to contradict the other.
If she chose not to pass any of the monies over would she be legally obliged to?
As my mother was her partners carer for many years in the earlier stages of dementia in her home without him contributing to board or lodgings (him possibly contributing to food bills only) plus whilst in care with the NHS being the main visitor/contact, virtually every other week would she be entitled to a share of the monies from the joint account legally if she chose and is there a way of calculating that proportion?
Whilst her partner was alive his siblings seemed quite happy for her and her family to deal with all matters as it made life easy for them but now wish to control all monetary issues.
Do we need a legal document to disclaim all or part of this joint monies she has inherited in respect of our possible future inheritance tax liabilities?
Regarding the joint monies she has inherited how or who does she pass it to for distributing, if it is not part of his estate as it passed to her can she entrust the brother to do this as the brother is reluctant to let this particular monies in question to go to probate as there are issues within his own family although he is not looking to benefit himself he would like to choose who received this. My mother would like his close friends children to be included but the brother is unhappy with this.
Thanks for the information that we are slowly digesting!
We are ever hopeful that this does not go to court but if so will take the Promissory Estoppel route.
I am aware that his brother will need to go to probate with the Postal ISA etc but as my mother received the joint account sum by legal title, we feel he is hoping to sort this amount out privately.
Would my mother or her daughters be unwittingly breaking the law if my mother kept an agreed proportion of this joint monies and wrote a cheque to the brother for the balance for him then to sort out amongst the relatives legally or otherwise?
For our peace of mind we would then get a disclaimer drawn up for the sum the cheque was made out for if I understand you correctly?
sorry I was trying to explain it all to my 94year old mother today so she understands the situation she now finds herself in.
To get her out of this pickle, as the "joint" money is in her account at present would it be acceptable to deal with the deceased's brother (who is acting as next of kin) as follows:-
She gives him a cheque for the total monies and he gives her a letter acknowledging this. We have a disclaimer drawn up re: any possible inheritance tax issues later down the line in respect of the cheque she writes out (can the cost of this be charged to her dead partners estate?)
The brother then chooses whichever route he wants whether he informs probate re the "joint amount" or decides himself who the "joint" amount is split between, it will be out of my mothers hands and takes her out of the loop legally.
Apologise for the lateness of this question.
thank you for this, I feel we are getting close to a solution although she seems to have lost out all round.
Previously you had suggested having a "disclaimer by deed" drawn up by a solicitor, would this not suffice for the revenue in respect of the amount of monies written out by my mother to the brother re any inheritance tax issues that may result for my sister and I if this cheques takes it over the allowance and mum does not live a full 7years?
Could the £200 approx. cost for arranging the disclaimer be charged to her late partners estate as she will not be inheriting anything?
I believe the original Santander "joint savers" account was easily identifiable as the deceased as it was mainly made up of his state pension accumulating (this was not being used as he was under NHS dementia care).
3years prior to his death Santander informed mum in a meeting that the account was not making any real interest and advised her to move some of the "joint savers monies" in to a saving bond. We explained that her partner had dementia and was unable to sign so they set it up in her name alone. Would this amount be classed as the deceased estate as it was legally transferred from their "joint savers" three years prior his death to a saving bond in her name only and is still there?
The remainder of the monies in the "joint saver account" continued to accumulate from his pension and 3years later after his death was transferred to mums Barclays saver (which had a small amount of her savings in) so is now mixed monies.
The bond in my mothers name is ***** ***** she felt comfortable moving from the joint saver as a fair amount for the care and consideration she had given him over 10years.
He had asked her to marry him and always told her "what was his was hers". As she owned a property and had daughters who she wished to leave her property/monies too she always thought this was unwise so remained partners, dwelling in her property until he went in to care and eventually passed away.
If this was your mother/situation what would you suggest her to do?