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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask james bruce Your Own Question
james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 4479
Experience:  Owner at James Bruce Solicitors
Type Your Family Law Question Here...
james bruce is online now

Unfortunately my mother passed away in late January and I

This answer was rated:

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

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

james bruce and 2 other Family Law Specialists are ready to help you