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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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I was with a partner years, he opened a bank

Customer Question

I was with a partner for seventeen years, he opened a bank account for me in my name only. I believed it to be mine. I am told by other solicitor that as I did not pay into it,( my partner did, he claims it was for tax optimization), the money was not mine.
Thank you.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Your system says that my e-mail address has been used before (it was me! I have used you before) and that I have to give a different one. I don't have another one What do I do now? I was trying to pay with my card.
Expert:  Buachaill replied 1 year ago.
1. In order that a gift of money to you be "perfected" or in law, finalised, there must be some act which indicates that it was intended as a gift. Here the tax declaration signed by your partner amounted to "perfecting the gift" which he gave to you by placing the monies in an account in your name. A person such as your partner, is not allowed to rely upon his unlawful act or fraud in seeking to set aside a gift. Here, if your partner was only leaving the money in your account for "tax optimisation" he was committing a fraud on the Revenue. Accordingly, you should write back to this solicitor who is telling you there is no gift and state that a fraudster is not allowed to rely upon his own wrong in seeking to set aside a gift to you. Your partner is not allowed to rely upon some alleged tax fraud in order to deprive you of the gift he gave to you by placing the money in an account in your name.
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Customer: replied 1 year ago.
Hello MrCustomer thank you so much for this advice, the inland revenue tend to agree with you. One more question if I may. My solicitor last year wrote to my ex partners' solicitor agreeing terms which I had not agreed as such. I should add that I have been very ill with depression for many years, I also had a drink and drug problem.My solicitor told me that I had been paid (with my own money!) and that I had no choice but to sign the house over to my ex. My solicitor was very disappointed with me, he said that when I first walked into his office it was going to be "Megga bucks", it felt like I was being told off. I was in no mental condition to direct my solicitor and I felt I was just being coerced and bullied into agreement with him. Well, my exs' solicitor sent a letter accepting but nothing has been signed. Am I in breech of contract?
Expert:  Buachaill replied 1 year ago.
2. No, you are not in breach of contract. If this "agreement" was not signed with your consent or agreed to with your consent, you should now write to the solicitor for your ex and tell him that you are withdrawing from the agreement. You should instead instruct a different solicitor and seek to enter into an alternative agreement. Make clear when withdrawing that you did not have legal capacity at the time as you were in poor mental health suffering from depression.