Mistaken entry on Probate Assets list.

Zipit

Good evening. I was wondering what advice/knowledge I can get on this problem. I am an Executor for the first time and dealing with an Uncle's Will.
My uncle gave me his old split cane fishing rods and some 'classic' reels before he died. About two or three years before he died. This fact was well known by other family beneficiaries. However I never used them because they are beautifully crafted and I feared causing them damage. Instead I left them at my uncles for safe keeping and because though he hadn't fished for years (ill health) he got pleasure from handling them and because of the memories they brought. (They were passed down to him from his own father). After the funeral I was arranging Probate through Solicitors and naively included them amongst his assets. They are probably worth around £2500. My uncles wife is at loggerheads with me and the other five beneficiaries (his wife, nephews, nieces and his best mate). She has been throwing a lot of mud and making false claims through her Solicitor. Her latest ruse is to lay claim to her financial share of this antique fishing tackle.
Of course its my error for allowing it to be included as an asset. But this is a final straw. True, she is due about £500 but she knows full well that my uncle gave them to me long before his passing and it is a really cheap shot!
My family and friends including my uncle's best mate and several other of his friends who are not beneficiaries back me 100% on this issue.
So, is there any way to lodge an appeal on this particular 'asset' ? I know that its not a huge amount financially but its the sheer selfishness of the act. I really would like to be able to make a stand rather than give way and 'let it go'. What recourse, if any, do I have ? Your help would be greatly appreciated.

dzug1

What does your solicitor say?

getmore4less

The asset list on the IHT forms(unless in scotland) are for HMRC puropses to calculate IHT.

he got pleasure from handling them and because of the memories they brought

I would use the argument that these were gifts with reservation, ie. the uncle still had use of the items even though they had been gifted to you.

as such they needed to be included on the IHT forms but in error they were put in the wrong section.
HMRC won't care if no IHT due or if gue it makes no difference where on the forms they went.


I would, along with the solicitor if you are using them, create an accurate asset list for the puropses of the estate inventory and account.

That is what you can used to determine disributions.

Collect any evidence/witness statements to back up that the relevent items were gifted.


You are the executor you don't have to appeal anything they have to prove a claim.

Yorkshireman99

Zipit wrote: »

Good evening. I was wondering what advice/knowledge I can get on this problem. I am an Executor for the first time and dealing with an Uncle's Will.
My uncle gave me his old split cane fishing rods and some 'classic' reels before he died. About two or three years before he died. This fact was well known by other family beneficiaries. However I never used them because they are beautifully crafted and I feared causing them damage. Instead I left them at my uncles for safe keeping and because though he hadn't fished for years (ill health) he got pleasure from handling them and because of the memories they brought. (They were passed down to him from his own father). After the funeral I was arranging Probate through Solicitors and naively included them amongst his assets. They are probably worth around £2500. My uncles wife is at loggerheads with me and the other five beneficiaries (his wife, nephews, nieces and his best mate). She has been throwing a lot of mud and making false claims through her Solicitor. Her latest ruse is to lay claim to her financial share of this antique fishing tackle.
Of course its my error for allowing it to be included as an asset. But this is a final straw. True, she is due about £500 but she knows full well that my uncle gave them to me long before his passing and it is a really cheap shot!
My family and friends including my uncle's best mate and several other of his friends who are not beneficiaries back me 100% on this issue.
So, is there any way to lodge an appeal on this particular 'asset' ? I know that its not a huge amount financially but its the sheer selfishness of the act. I really would like to be able to make a stand rather than give way and 'let it go'. What recourse, if any, do I have ? Your help would be greatly appreciated.

Discuss it with the solicitor. They can tell her solicitor the facts. You might point out that if she contest things it will cost her in the long run.

Zipit

Hi Dzug1 ... this claim only came in a few days ago. I will be seeing my Solicitor but not until she has returned from a holiday (aaargh) and I am really curious to see what others have to say or if anyone has had this happen to them. Thanks.

Zipit

Hello and thanks for your reply. This is food for thought, a possible way to appeal but I would really like to know if there is a legal process to counter her claim. Your last line ' You are the Executor, you don't have to appeal anything, they have to prove a claim' is a strong statement. I must say I'm not confident in my role as Executor, or more precisely just what power it confers on me. It is quite daunting when faced by strongly worded letters from Solicitors. One always feel they are the experts ! Could I just ignore her and say 'take me to court then' but if I did so wouldn't her costs come out of the Estate?

Zipit

Hello Yorkshireman. - I will be seeing my solicitor but not for a week or so (she's on her hols). I thought along similar lines as you, i.e. to warn her that it might cost her to pursue the matter, but wouldn't these costs be taken out of the estate ? And as the fishing tackle has been listed as an asset isn't it a fait accompli ? One upon which the onus is on me to prove it was a gift ? The Estate is well under the Inheritance tax threshold by the way. Also by taking this issue up with my solicitor it may that I'm accused of abusing my power as Executor. My family and friends all back me on this point and all are prepared to swear on oath that I am telling the truth. Perhaps I could challenge her to swear (perhaps over a photo of my uncle) in our presence before a Solicitor ? - Gosh, that sounds very dramatic! - but plausible ?

Yorkshireman99

Zipit wrote: »

Hello Yorkshireman. - I will be seeing my solicitor but not for a week or so (she's on her hols). I thought along similar lines as you, i.e. to warn her that it might cost her to pursue the matter, but wouldn't these costs be taken out of the estate ? And as the fishing tackle has been listed as an asset isn't it a fait accompli ? One upon which the onus is on me to prove it was a gift ? The Estate is well under the Inheritance tax threshold by the way. Also by taking this issue up with my solicitor it may that I'm accused of abusing my power as Executor. My family and friends all back me on this point and all are prepared to swear on oath that I am telling the truth. Perhaps I could challenge her to swear (perhaps over a photo of my uncle) in our presence before a Solicitor ? - Gosh, that sounds very dramatic! - but plausible ?

I think you need to call her bluff but see what your solicitor says. If your uncle's wife is stupid enough to sue remind her that her portion of the estate will be reduced by the costs incurred.

dzug1

Zipit wrote: »

! Could I just ignore her and say 'take me to court then' but if I did so wouldn't her costs come out of the Estate?

Wouldn't your and her costs be awarded against her personally if she lost?

Yorkshireman99

dzug1 wrote: »

Wouldn't your and her costs be awarded against her personally if she lost?

If she sued the estate then the estate cost would come out of the estate funds if the estate lost. It seems unlikely she would be a s stupid as to sue..

getmore4less

Executors hold all the cards they pretty much have absolute control.

The asset is an estate asset or not, an error on the inventory can be corrected.

which asset list have these been included on?
IHT forms or estate inventory and account?

Just fix the inventory and account.


The executor can use the services of solicitors to do their job and charge the estate wait for them to return and consult.

You can get evidence these assets were gifts with reservation for IHT purposes but are not part of the distributable estate.

what does this letter from her solicitor actually say probably a lot of hot air to justify charging the wife.

if this is over £500 she will soon eat that with a few solicitor charges.