Gifted Money

Mojisola

Ammerdale wrote: »

You're right, he told me he gave me the money when he did, because he knew what his family was like, but ironically, it's made no difference.

It's infuriating that all they think about is the money, and not the loss of their family member, and the fact that he told me everything, and that's why I know there was a Will. He had a drawer, where he kept such items, yet the Will has disappeared. I don't particularly want to get involved in finding this Will, but I know it would help my situation, because it would include the truth.

It's made all the difference in the world. He gave you the money while he was alive. It isn't part of his estate - the money is yours.

If you know which solicitor he might have used, you could contact them to inform them of the death. It's actually quite unusual to keep the original will at home - most people keep a copy while the original is kept by the solicitor.

Ammerdale

Thank you Mojisola, I believe he kept a copy at home, but the original will be with the Solicitor, however, if we don't know which Solicitor it is, and the copy has been destroyed, how would the Solicitor know that my friend had died? I'm all knew to this, so I'm not really sure how it works.

SevenOfNine

Nothing like a death to get greedy relatives jumping to attention seeing £££ signs, this must be dreadful for you.

You mentioned an estate management company in post #5, if/when they contact you to request the balance of the loan, I would send a cheque & request a receipt. It is a debt, you've been very good about paying it so far & it is in your best interest to pay it off........when asked.

That will also be your opportunity to mention that your friend said there was a Will, & although you are positive you aren't mentioned in it, it might be in the best interest of the family to see if the original can be located. Might take their focus off you & the £12k gift.

I winced a little when in post #7 you mentioned you "did all the banking" for your friend. Believe me, I'm not accusing you of anything, but you don't want that innocent comment tied in with your friend giving you £12k . Greedy relatives will turn vicious in a heartbeat so be very careful there.

Good luck with this, I fear it may be a bit of a rough ride but don't be bullied. Your friend gave you a gift, if it had been a 'loan' to be repaid it would surely have been noted in the little book with the other loan. It wasn't, reinforcing the fact that it was a gift.

Ammerdale

Many thanks, SevenOfNine

I feel horrendous at the moment, both for the loss of my friend, and also by them making me out to be something I'm not.

When I say I did his banking for him. I just took any deposits he wanted to make to the bank, and deposited his cash, and the bank stamped his bank book for him.

The £12,000 was paid to me by a cheque, written by my friend.

He only trusted me to do things for him, and told me not to let his family have the keys to his apartment, when I had to call the ambulance out for him. However, I gave the keys to his family immediately upon his death.

I know I am in his Will, he told me, that doesn't concern me, I just want the Will to be found, as I believe this will prove that he trusted me, and would not want this to be happening.

I am happy to pay the £400, but the £12,000 was a gift, and as you say, apart from it obviously appearing in the bank statement, there is no other record of it, because it was exactly that; "a gift".

He'd pre-paid and organised every detail of his funeral, and I know for definite there was a Will. He was organised in everything he did.

Hope this makes sense.

Crabapple

It's very likely that he will have used a local firm of Solicitors to make his Will.

Whether that makes it easy to locate I guess depends on whether you live in a huge city or a small town. If no-one tells the Solicitors it is unlikely they will know and trust me they will have a stash of Wills for people who have died and they will never know. Some of those people might have made later Wills elsewhere but other families will just have dealt with things without even enquiring.

Ammerdale

Thank you again, Crabapple, I think I know which Solicitors it may be. However, if I rang them, would they speak to me? Would they confirm whether my friend's Will was registered with them, what do you think?

SevenOfNine

YES phone. Absolutely.

If they do hold the original they most likely won't discuss it with you, particularly as you are not a relative nor executor (assume that bit) but at least you will have advised them of the death of your friend.

Nothing to lose & you will be doing the best you can to ensure your friends wishes are carried out. Good luck.

Mojisola

Ammerdale wrote: »

Thank you again, Crabapple, I think I know which Solicitors it may be. However, if I rang them, would they speak to me? Would they confirm whether my friend's Will was registered with them, what do you think?

I would contact them and tell them that the relatives have already destroyed the copy kept at home and that you don't think they are willing to comply with the terms of the will.

If your friend really didn't trust his family, he may have made the solicitors his executors. If not, the solicitors will have it on record that there are doubts about the will being executed properly.

Our solicitors have recently been to court to give evidence - they handed over a will to a executor who didn't like his share, destroyed the will, said it had happened accidentally and tried to use the intestacy rules to distribute the estate.

As the solicitors had all their notes from making the will and a copy of the final draft, the court accepted that the will stood and the estate was divided according to it.

Ammerdale

Thank you very much SevenOfnine and Majisota, what you have both said makes a great deal of sense. I will call them tomorrow and let you know, if not, I will try 'phoning some of the other solicitors, as there aren't too many in our town. I know if my friend was here, he would be mortified at what is happening.


Crikey, the experience you have described Majisota is unbelievable, though, now I think I would believe anything. I would never have guessed this would happen. I can't sleep or function properly, with this hanging over my head, even though I know I've done nothing wrong. It's a sad state of affairs when it comes to this.