Blackmail over a will.... part 2

Mojisola

floss2 wrote: »

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

No.

I think if poppyolivia is being told gifts of cash made before the death have to be handed back, she needs to get some legal advice.

Money maker - you're right. The OP hasn't said it was a grandfather. Hope I haven't caused any distress by assuming that.

SandC

It was grandfather, I recall from the previous thread the poster initially made.

The beneficiaries in the will are the 3 grandchildren, ie OP, his brother and their cousin if I recall. Their fathers are the executors.

poppyolivia

Mojisola wrote: »

No.

I think if poppyolivia is being told gifts of cash made before the death have to be handed back, she needs to get some legal advice.

It was legal advice. Can't say much on here but everything had to be handed back after the death...we are in Scotland if that makes any difference And it was a gift/gifts (others had to hand back in too)
Anyway in our case its ok as its not bothering us just thought it would be the same rule...thank goodness it doesn't sound like it is.

Mojisola

poppyolivia wrote: »

It was legal advice. Can't say much on here but everything had to be handed back after the death...we are in Scotland if that makes any difference And it was a gift/gifts (others had to hand back in too)

Thanks for clarifying that. I've never heard of that happening before.

mineallmine

Sounds like a family meeting needs to be called. I would suggest between the 3 grandchildren. it's easy to build up resentment when not dealing with people face to face.
I think people often under-esetimate how costly getting a solictor to do anything is. it would be useful to have a summary of costs incurred so far. if this is then brought to the family meeting (note without the executors I'd suggest) then things brings some realism into the picture. squabbling costs money.
one last point, (forgive I'm not up to speed on this thread) but if a car was transferred, was the DVLA documents updated/changed to reflect this? or was it just sold on directly.
also are any of the contested items of sentimental value - if so, were things like photos and who has what discussed between the 3 of you. sometimes in the heat of an argument, sentiment and money can become entwined when at the heart of it can be a sense of feeling left out. Or of course, it can be greed.
i wish you the best of luck OP. I hope all 3 of you do what's right in honour of the kind gesture of your grandfather. :A

poppyolivia

Mojisola wrote: »

Thanks for clarifying that. I've never heard of that happening before.

BUT I was talking to mum today and she said it could also be because the person that gave the gift knew they were dying and it was given a couple of months before death???? Its probably more to do with that actually!
The word movable estate (?) was mentioned so it had to go back because of that.

valkirn

Right to clarify the items that were given as gifts were given, by a man in his right mind and we have both doctors and a friend of the family that will attest to this, and yes it would be easy just to offer the beneficiary who is contesting a pay off but and this is where it gets tricky the beneficiary in question was supposed to have been cut out of the will as he hadn't seen or spoken to our grandfather for over 5 years and my grandad didn't like ignorance as he put it especially since he did his utmost to keep in contact with him, my dad was the one who went with my grandad when he went to sign the new will and after the solicitor had read it back my dad asked why the beneficiary had been cut out and then said it wasn't fair, so my grandad re wrote his will (again) and put him back in but then also made my uncle an executor at the same time.

We have tried to call a meeting with everybody there but the contesting beneficiary refused to attend and as he wont attend then the executor said there was no point in him attending either as he had his sons best interests at heart and was standing by what his son was doing, which is very commendable given their history as father and son (not a good history i might add) but he is not doing what is best for all the beneficiary's involved by doing this.

Admittedly some items were given when the deceased found out he was dying but these were items of household furniture and my brother was setting up home so my grandad said he may as well take them as they were no good to him and he was going to dump them anyway...

My biggest argument in all of this is the fact my cousin seems to think he can blackmail us into handing over things, by saying if we hand over some stamps he will let us have the other items... we have since found out that there used to be a huge stamp collection and the majority of this collection along with my grandads war medals has gone missing and went missing around the time my cousin stopped speaking to our grandad, so now we are almost sure the cousin knows what these stamps are worth and wants them to sell on.. but these stamps were a collection that was put together by our Nana and everything had our names on and were to be divided up accordingly. we also think the cousin is refusing to come to the meeting that was called as he doesnt want to be put on the spot when we ask for the whole collection to be returned.

Im sorry and people may now see me as being petty but why should we hand over things that were given to a blackmailing thief

As for the solicitor who is dealing with the estate well his job is to get the probate letter signed by 2 executors that can agree on what should be done then his work is over hence why now he is rubbing his mitts as the longer he has to mediate the more he will be paid and as far as I'm concerned my uncle and cousin are now just squandering the estate with solicitors fees.

Floss

Why not write an open letter to all concerned, stating exactly what you are worried about - that the solicitor will be the one who benefits?

I don't want to be nosey, but is there a "large" sum of money involved, or is it mainly items of sentimental value belonging to your grandparents?

Would it not be easier to maybe agree with your brother to offset the stamps your cousin wants against something else (or a greater amount of £s)? At least then you can move on, the solicitor isn't getting all the estate in legal fees and your cousin might be happy to leave it at that?

I know when my brothers & I settled our mum's estate, if there was anything we wanted from the residue after certain items had been bequeathed, it was offset against our share...maybe that would work for you?

valkirn

My brother is refusing to hand over his gifts either and wont even hear of offsetting for a lump sum of money, the majority of the gifts are sentimental yes.

But there is still to be divided up a bank account and a property,

We have tried sending letters, email and phoning them and all we get in return are threats the latest one being they are going to get the police involved

The other bone of contention is that it wasn't only my brother and me that were given gifts there were other family members that recieved items too but our cousin has said they can keep their gifts it is only me and my brother that have to hand ours back