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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 4479
Experience:  Owner at James Bruce Solicitors
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Unfortunately my mother passed away in late January and I

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Hi There.
Unfortunately my mother passed away in late January and I have one sister. Both of us are executors of my late mothers estate and both of us - along with my sisters daughter (my mothers only grandchild) - are beneficiaries. 45% each to my sister and me and 10% to my niece.Now I have had a chance to look through paperwork and bank statements it turns out that my sister and her daughter have had substantial gifts from my mother within the last 5 years. In excess of £10,000. This was all kept quiet and my question is should I raise this with the solicitor dealing with the estate? Is there any mechanisms in law to balance out these gifts now they have come to light?Thanks

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

I am sorry to say, but the gifts made in the past are not part of the estate now.They would not be taken into account when dividing the estate % to each beneficiary. However, any gifts made in the last 7 years would be taken into consideration for inheritance tax purposes as there is the 7 year IHT tax rule to be applied.

This is something the solicitor would need to be made aware of so that the correct tax band on those gifts can be applied.

Customer: replied 9 days ago.
Thanks for your response

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