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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35074
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi Clare, following up on the above question. My wife has been

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Hi Clare, following up on the above question. My wife has been told that if an item is held by someone 'unchallenged' for 7 years, then it is assumed to be a gift and the onus would be on other parties to prove that this is not the case. Is there any legal substance to this?
Thank you for your question.
As you are aware I believe that this is what the Executors will do in any event
There is no magic time limit but certainly after 7 years it would be hard to convince a Court that it was NOt a gift unless there is clear evidence otherwise
Customer: replied 3 years ago.
It looks like 4 of the siblings will say that it was always understood that the intention was to fairly redistribute the list of assets prepared at the time of the house clearance. The 5th sibling, the one holding all the most valuable items, seems to now be saying that was not the case and they were all gifted to her. (She also had power of attorney latterly and is the person dealing directly with the solicitor executors.)
Given the 4:1 ratio AND the fact that the will clearly states an even and equitable basis, AND the existence of the house clearance list, would that not be sufficient for a court?
And what is the likely course of action for the executors in this situation?
House Clearance list?
Customer: replied 3 years ago.

From previous question:

My wife prepared a list of all items removed from the house at the time, some 10 years ago, and it was clearly understood that they were held "in custodianship" at that time. This list is now held by one of the other siblings who also understood that to be the case. (Her father was in no real state to agree or disagree anything at that time as he had just had a brain operation.)

Sorry - I had forgotten that!
Yes I think there is a very good chance that in this case - If it came to court - then there could be a re-distribution HOWEVER - remember it is in fact the executors who decide who gets what
Customer: replied 3 years ago.
Yes, I understand. But hopefully it may also be enough to persuade the executors to 'distribute evenly as you see fit' in a genuinely fair fashion.
I shall keep my fingers crossed for you
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