Blackmail over a will.... part 2

valkirn

Hi i posted a thread regarding a will of which i am a beneficiary

Blackmail over a will... please help

I am one of 3 beneficiaries of a will of which there are 2 executors, my dad is one of the executors my uncle the other.

We have been left a sizable amount to be split 3 ways, but the reason my cousin is contesting the will is over things that were given away before the deceased died.

He has asked for everything to be to be given back and sold then split the 3 ways.. as as far as he is concerned the items belong to the estate regardless

Can he do this???

It has got to the point that the cousin is using blackmail ie if he gets certain items he feels he is entitled to then he will not contest the will and he is going through our uncle (his dad) as executor in order to try and get his own way.

I was asked to keep the people who replied to that thread updated as to what has happened since,...

Well it has reached a stale mate my uncle has accused my dad of stealing from the estate even though the items in question were removed before the deceased died so now he is talking about contacting the police and is trying to get himself a solicitor who will take us to court and get the items back, until this can be sorted the accounts have all been frozen and the solicitor dealing with the estate is rubbing his mitts with glee as his fees will be mounting up and these are fees that are to be paid out of the estate.

I am now looking to have my 1/2 hour with a solicitor and see if there is anyway to make my uncle step down as i feel by him being the way he is being he is squandering the estate, difficult i know but there is no way that i can see to get things moving again...... uless any of you clever lot have any ideas lol xx

poppyolivia

If he has had it less than 7 years does it not have to go back into the estate?

valkirn

The items were given away while the deceased was of sound mind and judgment and according to a solicitor we have already spoken to it is no longer considered part of the estate as it was given away before the deceased died, for it to be given back my uncle has to prove that the deceased was either coerced or was not of sound mind,
Not sure about seven years??? we are just going by what a solicitor has explained to us and nothing was said about that but if that is the case then there will be a whole lot of family that will have to give items back, and that will make for one unholy row!

Mojisola

The seven years relates to Inheritance Tax.

Can you imagine the problems if everyone had to give back all the gifts they were given in the seven years before someone died!

valkirn

Mojisola wrote: »

The seven years relates to Inheritance Tax.

Can you imagine the problems if everyone had to give back all the gifts they were given in the seven years before someone died!

Thanks for that i was getting rather worried lol x

cheepskate_2

I am assuming that the cousin is a bit peeved at you getting items and he didn't before your g.f died.
Would it not be cheaper and easier if you gave the value of these items back into the estate, you would then get 1/3 back and there would then be no need for huge lawyers fees to be taken out of the estate. I think i remeber in the last thread you said these items given did not amount ot that much.

Just out of interest what is he contesting and how long before your g.f passed away were the items given

Mojisola

cheepskate wrote: »

I am assuming that the cousin is a bit peeved at you getting items and he didn't before your g.f died.
Would it not be cheaper and easier if you gave the value of these items back into the estate, you would then get 1/3 back and there would then be no need for huge lawyers fees to be taken out of the estate. I think i remeber in the last thread you said these items given did not amount ot that much.

Just out of interest what is he contesting and how long before your g.f passed away were the items given

This would be a very sensible agreement - not fair, but a way out of the problem - but I think the items were part of a collection and it is the items themselves the cousin wants to get hold of.

We know nothing about how the gifts were made, so don't be upset by this, but was everything totally above board? Any solicitor you see will have to ask you difficult questions before advising you. What was your grandfather's health and mental state like during the time the gifts were given? Can you get anyone else to verify that the gifts were given without any pressure?

Didn't you mention that the cousin had taken some of the collection in the past? Could you suggest to him that the whole collection should be brought back together and then split equally? He obviously isn't going to want to do that so he might stick with what he's got.

poppyolivia

Mojisola wrote: »

The seven years relates to Inheritance Tax.

Can you imagine the problems if everyone had to give back all the gifts they were given in the seven years before someone died!

Sorry didn't realise it was a car...if it was a gift of money and grandfather died then there is a 7 year rule...I am pretty certain as we are going through something pretty similar.

best of luck x

Mojisola

The Inheritance Tax rule means that gifts worth over a certain amount are still liable for tax if the giver dies within seven years of the gift but you don't have to give the original gift/money back.

floss2

Mojisola wrote: »

The Inheritance Tax rule means that gifts worth over a certain amount are still liable for tax if the giver dies within seven years of the gift but you don't have to give the original gift/money back.

But does that still apply if the entire estate (including those gifts) does not fall into the IHT bracket?

Money_maker

Dont think it has been confirmed by OP that it was a grandfather, only other posters have assumed. OP always refers to him as 'the deceased'.

Not as though thats relevant at all, just an observation.