Distrust of Co-Executor plus Capital Gains Tax query

Yorkshireman99

bingaling wrote: »

Now this is going down the legal route, am I still allowed to obtain advice from this forum? or would it jeapordise anything?

As you are anonymous it should not be a problem. However, there is no point in instructing a solicitor if you don't take their advice.

bingaling

Thank you littlehobbit for your kind words and your helpful advice. If it wasn't for this forum, we would not have known what to do. The guidance has been invaluable, clear, concise and it is with this information that the posters on this forum have been so generous with has lead hubby and I to be strong and to do what is right and of course legal. Good luck to you as well my friend.

Yorkshireman99

bingaling wrote: »

Thank you Mojisola for confirming this as well. It has confirmed that what we demanded from her is correct. She keeps insisting that because IHT or CGT is NOT payable that we don't need the docs - we informed her regardless as to whether it is or is not, that we still need the info.

She has had so many chances, it is now in the hands of our solicitor as well as other bodies we need to contact to get to the bottom of this.

She is talking complete rubbish about CGT & IHT.

bingaling

Thank you Yorkshireman99 for confirming this - that's what we thought regarding CGT & IHT.

bingaling

Oh and Yorkshireman99, thank you, we will of course take solicitors advise, what I meant is that is it OK to share our findings with the forum...

littlehobbit

I plan to do so Bingaling. While I was searching for answers I came across many threads on this site and others, where there was a problem, some suggestions, but no followup on what people had to do in the end so it didnt really help. Thats why I hope to pop up the odd development on my thread to help someone similar in the future. Like someone else said, its anonymous so shouldnt be a problem as you cant be accused of liable.

I agree with you, the help on here is sound, and really does give you confidence as pressure from family etc can be very undermining and makes you start doubting yourself.

Yorkshireman99

Sound advice and it is always nice to hear the result. Good luck.

FreeBear

bingaling wrote: »

Thank you Mojisola for confirming this as well. It has confirmed that what we demanded from her is correct. She keeps insisting that because IHT or CGT is NOT payable that we don't need the docs - we informed her regardless as to whether it is or is not, that we still need the info.

Financial statements going back at least 7 years are needed so that any money gifted can be identified - If there are any sizable withdrawals, some documentary evidence as to what the funds were used for may be needed. As you get closer to the IHT threshold, HMRC may well ask to see any supporting documents.

This is the story I would tell the sister, keeping quiet about any suspicion of irregularities with the POA.

bingaling

Thank you FreeBear - that is exactly what we asked her for - 7 years of statements - it's down to the solicitors to get them now...

Through our search of lost bank accounts in Dad's name as well as using the Experian UAR service, today I have received letters informing a couple of accounts that sister has not declared on her original spreadsheet that she put together... One of them with a form to cash it in -(it does not state a value though) should I do this now and declare it on our estate statement or wait?

RAS

if you get no joy and the banks are demanding lots of money for duplicate statements, ask advice on a Subject Access Request (SAR). These cost £10 and the bank have 42 days to produce everything that they have relating to the subject, in any format. I think that as executor of her estate, you should be able to do a SAR for mum's accounts.