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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Prior to my mother's death she apparently spent a large sum

Customer Question

prior to my mother's death she apparently spent a large sum of money on some refurbishment work to a siblings property. Can that money be recovered and returned to estate? If she had bought a vehicle upon her death that would have to be sold as it's an asset.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-What is the size of your mother's estate?

-When did she provide the money?

Customer: replied 1 year ago.
England, the size of my mothers estate is in question at the moment. The net balance at the time of death was around 90K but she had given 100K allegedly for refurbishment to my siblings house prior to her death in the previous 12-18months.
Customer: replied 1 year ago.
that money was listed as expenses
Expert:  Harris replied 1 year ago.

Thank you for confirming. A person is free to gift or use their assets and money prior to their death in any way they wish. However, sometimes, a gift made prior to death can be challenged if you can prove mental incapacity or undue influence.

Furthermore, if her estate is over £350,000 then the gift will be returned to the estate for inheritance tax purposes only and your sister may be liable for this.

I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,

Customer: replied 1 year ago.
sorry, she had made other gifts to my siblings by giving them the money towards the purchase of the propertyThis amounted to 150K. They then have put in an expenses list for a further 98k for refurb works to that property. This leaves a much smaller than expected balance at the time of death. Is there no way of recovering those "expenses" if it in that house?
Customer: replied 1 year ago.
can i force a sale?
Expert:  Harris replied 1 year ago.

Did your mother register an interest on the title of the property?

Customer: replied 1 year ago.
no unfortunately. I believe that the "expenses" money was extracted from her by a bit of forcing her, with the promise that it would have been repaid from the sale of one of my siblings own property. She told us on several occasions that they were in control of her accounts and were taking thousands in cash weekly. She was not happy but as they looked after her she felt unable to say or do anything
Expert:  Harris replied 1 year ago.

Thanks. Again for you to have a successful claim you would need to prove that there was either mental incapacity or undue influence in the use of her finances

Harris and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
how do I find the right solicitor to instigate this claim?
Expert:  Harris replied 1 year ago.

You should check here: http://solicitors.lawsociety.org.uk/ and seek a private client - probate area of practice