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Gift given in error

135

Comments

  • MissShoes
    MissShoes Posts: 1,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    doodoot wrote: »
    OP, why don't you tell your cousin to pass your phone number to the 'friend' of your aunt so that he/she can discuss it directly with you?

    Sounds to me that your cousin has remembered you have a few quid's worth of gold on your hands. :(

    Five years to request a bracelet back sounds well dodge.

    Agreed- I question the motivation behind it given it's been 5 years and not a peep. OP I think do as Doodoot says and get your details given so you can speak to the friend.

    The cynic in me thinks the rise in the price of gold is more than coincidental...
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  • meritaten
    meritaten Posts: 24,158 Forumite
    I have to post again - OP if every gift that was given to a person HAD to be returned to the giver - how on earth would that get sorted out! the gift was given to your aunt so it then became HER property! It was then upon her death given to YOU, in the full knowledge that it was gold and therefore of value, you accepted it and its YOUR property!
    If it had been mentioned in the will and given to you in error - then fair enough! but it wasnt was it?
  • January20
    January20 Posts: 3,769 Forumite
    Debt-free and Proud!
    meritaten wrote: »
    I have to post again - OP if every gift that was given to a person HAD to be returned to the giver - how on earth would that get sorted out! the gift was given to your aunt so it then became HER property! It was then upon her death given to YOU, in the full knowledge that it was gold and therefore of value, you accepted it and its YOUR property!
    If it had been mentioned in the will and given to you in error - then fair enough! but it wasnt was it?

    I have to write to say that I fully agree with this.
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  • MissShoes wrote: »
    Agreed- I question the motivation behind it given it's been 5 years and not a peep. OP I think do as Doodoot says and get your details given so you can speak to the friend.

    The cynic in me thinks the rise in the price of gold is more than coincidental...

    That's the first thing I thought of too.
  • Sounds dodgy for me. 5 years on it's been in your possession you could have done anything with it in this time. As others have said, tell 'em to do one :)
    "If you don't feel the bumps in the road, you're not really going anywhere "
  • meritaten wrote: »
    I have to post again - OP if every gift that was given to a person HAD to be returned to the giver - how on earth would that get sorted out! the gift was given to your aunt so it then became HER property! It was then upon her death given to YOU, in the full knowledge that it was gold and therefore of value, you accepted it and its YOUR property!
    If it had been mentioned in the will and given to you in error - then fair enough! but it wasnt was it?

    That's what I though but my cousin started putting emotional pressure on me so I thought I would seek reassurance. The bracelets were given to me long after the will was read and the estate shared. I am not sure but could have been 8 months to a year after my aunts death.
    Believe me I would put up a fight for the silver bracelet too. I actually prefer silver/white gold but I have a few pieces that have been handed down to me from past relatives and although probably wont wear them I don't want to part with them.
  • meritaten
    meritaten Posts: 24,158 Forumite
    newbie (I am a little to full of christmas cheer right now - hic), but tell them to go forth and multiply! in two words! They are out of order!
  • There wasn't an episode of Cash in the Attic or suchlike on recently, showing an almost identical one going for thousands, was there?
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  • frugaliciousnow
    frugaliciousnow Posts: 28 Forumite
    edited 25 December 2011 at 8:37AM
    If this woman could prove the bracelets were hers (ie she'd just lent them to your aunt) then there is no option but to give it back.

    If she can't prove ownership - then I would take it as meaning that the bracelets were indeed your aunts and are now rightfully yours.

    By "proving ownership" - I mean that she might have photos of her wearing them or a receipt/guarantee for them. I always keep receipts/guaranties for "real" jewellery and thus have proof that its mine and how much its worth and it may be the case that some other people do as well.

    But - without that proof of ownership - then I would tend to regard this as a cynical bid for the money "tied up" in the gold bracelet.

    So I would say your next move is to ask if this woman has any "proof of ownership" or work out if I had a perceptive enough friend that I could visit this woman with the friend and have the friend work out whether she was telling the truth when she told me to our faces that she owns them.

    Sometimes people do ask for things back well after the event if it is still their property and they just loaned it. I know I lent a book of mine to a neighbour years ago now and it quite definitely WAS a loan (and not a gift) and I asked them for it back recently and am still waiting for the return of it and, failing that, the replacement copy they offered me if they couldn't find it.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So I would say your next move is to ask if this woman has any "proof of ownership" or work out if I had a perceptive enough friend that I could visit this woman with the friend and have the friend work out whether she was telling the truth when she told me to our faces that she owns them.

    I wouldn't engage in discussions at all. It would just give the cousin more opportunity to emotionally blackmail newbie2010 and would suggest that newbie may be willing to give up the bracelet.

    I would say - it was given to me, it's been mine for five years, end of story.
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