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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Joshua Further to our previous correspondence, I am

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Hello Joshua
Further to our previous correspondence, I am informed by my ex-husband that the shares were not intended to form part of my mother's will. She had asked him to help her transfer them to my son as a living gift. He organised the paperwork for her to sign but her health declined before she was able to complete the transaction. Is there any merit in proceeding on this basis?
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm that the papers you refer to were never signed by your mother? I believe this to be the case from what you say but ould you confirm for the avoidance of doubt?Has your son acted to his detriment in any way relying on the expectation of those shares or done anything in exchange for them - e.g. look after your mother?
Customer: replied 3 years ago.
The papers were never signed. They have disappeared and my mother accused my sister of taking them.
My son lived with my mother for about five years from about 2005 to 2010. She took care of him during a very difficult time.
I sincerely ***** ***** the delay in reverting to you - I have been in a meeting which overran. Unfortunately the intention to gift on its own is unlikely to be sufficient I am sorry to say. Your mother your need to demonstrate some positive action to make the gift either by writing a witness letter (which would likely be the minimum required) or signing a deed of gift or more usually, signing a stock transfer form transferring the shares into your son's name. I'm sorry to say, from what you say, that she does not appear to have done any of these things, her above intentions would not be sufficient to enforce the gift against the estate subject to the below. If however, your son can demonstrate that he acted to his detriment in reliance on the expectation of the gift, for example, he cared for your mother at least in part on the basis of the expectation that she intended to make the gift to him, he can rely on the doctrine of estoppel in order to secure the gift. I believe we discussed this previously however essentially what he needs to show is that your mother promised him the shares, and he acted in some way that was detrimental to him in reliance on that promise - in other words, in a detrimental way that he would otherwise not have acted had it not been for the promise. If you can demonstrate this, and can evidence on the balance of probability that your mother did promise him the shares, he may be able to enforce the gift under the doctrine of estoppel as above. in order to do so, he would need to adduce evidence of the above and then make a claim against the executors. Because there are children as beneficiaries involved under the will, it is likely that the claim would have to proceed to court using a part 8 claim form as even if the executors are willing, they would likely need a court order due to the under age beneficiaries involved or they could be open to potential claims by those under age beneficiaries in the future. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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