Gifted money

John_Pierpoint

I once watched a super row between a solicitor and a doctor in a hospital over witnessing a power of attorney. Not sure if the doctor wanted to be paid or did not want the risk of being called to court.

A nice nurse witnessed my mum's power of attorney.

karenh1962

I managed to speak with the solicitors secretary, the date of the cheque and the date showing on our bank statement, could look suspicious to a judge as undue influence if we had held on to the cheque for a few days rather than bank it straight away! He went on to say it could be deemed suspicious as the LPA was applied for 7 days after the cheque cleared. I am confused now as although the LPA was applied for on the same day as the will it was not granted until months later. At first I thought he meant suspicious as I could of written the cheque myself as having power of attorney, but at that stage I didn't!! Although what does worry me is I did write the cheque as mum asked me to but she signed it. As I have mentioned before I have notes my mum made with names and figures against, although most are scribbled out, but you can see where she was going to give me a larger amount, then a smaller amount and then she writes the £30,000 figure next to my name. My solicitor has sent a good letter back and stated the gifted money will not be returned as mum was of sound mind when she made it, mum told me she wanted to see me enjoy it whilst she could and was well aware what the money was being spent on.

karenh1962

I have also been asked to pay some fees now to the solicitor as its now declared as contentious litigation. Does this mean my solicitor thinks my case may not be as strong as I thought? The other monies incurred must of come off the estate unless they are included in the £2k she wants me to pay. I presume my sis has had to pay too!

karenh1962

just a thought, I have legal expenses cover on my home insurance, would it cover for situations like this?

Savvy_Sue

karenh1962 wrote: »

just a thought, I have legal expenses cover on my home insurance, would it cover for situations like this?

You'd have to ask them, or find your policy and see what it says.

madbadrob

Contnetious litigation is when one side says one thing and the other say another. Because the solicitor cannot guarantee which way this will go they want payment and to make sure you have that they are asking up front. It doesnt mean that they think you have a lesser chance of winning. It is just courts in these cases can surprise with the decisions they give

Rob

karenh1962

Thanks Rob. I am going to make her an offer of £15k cash and 15% of house to start with.

Brenny

I have recently watched a friend and siblings fighting a case very similar to your's. Estranged daughter hadn't seen mum for at least 8 years. She eventually dropped the case but the inheritance was half what it started at (£200,000 in legal fees).

karenh1962

Can I ask why she dropped the case Brenny and did they try to come to an agreement before court?

Brenny

I think they dropped the case because they didn't have a case and they had achieved what they had set out to do (to ensure that other siblings didn't get as much inheritance). The daughter not in will was wealthy and could afford to do this.