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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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Was gifted a car from step dad of twenty four years, five weeks

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Was gifted a car from step dad of twenty four years, five weeks before he passed away,was also named beneficiary of car in his will his daughter said I have to return car as debt of funeral of 3000 pounds which she occurred as he paid his funeral many years ago have to be paid, must I return the car, any advice I would be grateful.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
It is a contradiction to say that you were gifted the car whilst your step dad was alive and that you were also left it in his will. I assume the will was made before he gifted the car to you. If that is the case then you can argue that he intended to forget the provision in his will that you got the car on his death and that he gave it to you in life which means that the legacy is superseded. In those circumstances you would not have to give the car back. On the other hand if there had been no lifetime gift but he left you the car in his will but the estate had debts, then the car would have to be sold to repay those debts and the legacy would fall through the estate having no assets. I hope that helps. Please leave a positive rating so that I am credited for my time.
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