How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Probate form, I stated that nothing had been gifted from estate

Customer Question

probate form, I stated that nothing had been gifted from estate but overlooked £10.000 payment made to my sister who was caring for deceased.
Now under investigation from benefits and pension office.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I deemed this £10.000 as payment for care and not a gift. total estate was less £40.000
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstWhat would you like to know about the position?
Customer: replied 1 year ago.
Should I have declared this payment to my sister as gift.
Am I in trouble for not declaring as such on the probate form
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
Are you aware that the site charges more for a phone call?
Customer: replied 1 year ago.
Ok.
Ignore that request.
I will continue by text.
Thanks
Customer: replied 1 year ago.
Hi clare
Mother died without leaving a will.
I had to obtain (grant of letters of administration ).
I went to solicitors office to swear an oath and before the oath I was asked to fill in a question are.
One of the questions asked if mother had gifted any money in the last seven years. I ticked the -no-box but later realised that my sister had been given £10.000 pound two years ago.
We are being investigated by the benifit and pensions office.
Do you think this oversight will be a problem?
Thanks
Expert:  Clare replied 1 year ago.
For clarity - the TOTAL of the Estate - all assets - was £40,000?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
Then please do not worry about THIS part of the problem.The form that you filled in was about Inheritance Tax - and the Estate was not even close to being liable for Inheritance Tax.This is very different from the ongoing issues about whether the Estate owes the DWP money.Please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** put my mind to rest.
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well