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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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An elderly relative of mine gifted me £1400 pound from her

Customer Question

An elderly relative of mine gifted me £1400 pound from her bank account to mine, she isn't diagnosed with any dementia and I believe she was acting in her own will at the time. Since then however she has been questioned by other relatives and has decided she would like the money back, but I have already paid a debt I had with this money. Where do I stand legally?
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
Sorry the amount was fourteen thousand
Customer: replied 12 months ago.
I feel really upset about the whole matter, I made completely sure she wanted to give the money. She put transferred twenty six thousand in total in to my account, and asked me to transfer thirteen thousand to my auntie. She is now left with just over sixteen thousand pound in her account. She has previously in the last year gave my dad twenty thousand and myself ten thousand, she explained at the time she was giving her money so she could see us enjoy it and make needed home improvements. I think the social services who came out to visit us on a routine call have frightened her about giving away her money, as they said she could be accused of deliberately giving away her assets. I do not believe she even took this in to consideration as she claims no benefits currently and is not seen to be needing assistance in the near future. At the time when she gave me this gift in the bank she told the banker why she was giving the money and she wrote this in the back of the transfer, she also knew that I intended to repay my loan.
Expert:  Ben Jones replied 12 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is there any evidence that the intention was to gift that money, or was it all done verbally?
Customer: replied 12 months ago.
All done verbally
Expert:  Ben Jones replied 12 months ago.
If this was genuinely intended as a gift then it could indeed be viewed as such and you would have no responsibility in repaying it. That would all depend on the intentions of the donor, the person who gave you the money, at the time that the alleged donation was made. If this was all done verbally then that may be difficult to prove but it does not mean it did not happen. The evidence could still be verbal though and that can still back up the argument that it was a gift. In any event, you cannot be forced to return the money unless the person actually took you to court and won. Even then you could try and avoid paying and let them use different enforcement methods to try and pursue the court judgment. That means you can stand your ground and maintain that this was clearly intended as a gift and refuse to pay anything back – no one can force you to do otherwise. You would be hoping that the person does not actually go as far as court, which they may not do as they could be out off by the costs and the process. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 12 months ago.
Yes I was defiantly intended as a gift as she also told the lady who came from the council and she took note of the amount, I also did state to the lady and my aunt that I would of preferred her to do a will and then it would of been easier. The doctor who came to see my aunt a week later, had said to her that he wouldn't just give his money away and this is what has made her change her mind. I don't want to get her into trouble as if she had done this to avoid paying care fees as this is something not on the cards for the visible future and she has more than enough income monthly to support what she needs to pay currently. The doctor stated he was going to note social services could I get into trouble for receiving the money?
Expert:  Ben Jones replied 12 months ago.
You weren't her appointed carer were you?
Customer: replied 12 months ago.
No she doesn't need any care she lives independently
Expert:  Ben Jones replied 12 months ago.
Thank you for your response. I will review the information and will get back to you as soon as I can. Please do not respond the this message as it will push the question back which may cause an unnecessary delay. Thank you
Expert:  Ben Jones replied 12 months ago.
ok I do not see how you would get into trouble for accepting the money - it is not like she was your dependent and you took advantage of that so I do not see any issues. As mentioned the only way for her to try and force you to return the money is to go to court and until then, you simply cannot be asked to return the money.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 12 months ago.
Thank you for your time
Expert:  Ben Jones replied 12 months ago.
You are welcome, all the best

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