Any help gratefully received

YoungBlueEyes

Thanks YM. Im not really counting the first solicitor as it was a squeezed-in non-appointment courtesy because we've been with him for 30 years. Friday is my free half hour appointment, so officially that'll be my first bit of legal advice. I told 4 to seek her own 30 mins free advice just to try and keep herself straight. She's being bombarded by 1+2 (content undisclosed to me but I can make a bloody good guess based on her behaviour. For eg about 10 mins ago, after she got off the phone, she nonchalently asked me for copies of all dad's bank statements. "Errm what for?" "Oh no reason, I just want them please." It's not rocket science.
Deep breaths and calm is more like deep breaths occasionally and anger. At how damned unreasonable 1+2 are, and what they're putting 4 through. 4 is type1 diabetic, and this really isn't helping!

getmore4less

Did either of the wives die while being married to them?

YoungBlueEyes

Dad's first wife died a couple of years ago, long after their divorce. Mum died 22 years ago, whilst she and dad were still married.
Could that have a bearing?

Jenniefour

Before handing over the bank statements, which are probably going be mis-used by sisters 1 and 2 to create yet more unpleasant and stressful havoc, I suggest you explain kindly to sister 4 that you and her, in your roles as co-executors, must not permit anyone to trample over, or question, the decisions your father made about how to spend his money while he was alive. The bank statements are simply a record of historic fact.

Sisters 1 and 2 need firmly heading off at the pass with their (so far quite successful) efforts to make sister 4 feel guilty. They have already intimidated her into believing she (and you) should provide recompense for perceived historic grievances about your father that have absolutely nothing whatsoever to do with her or you. Try to get yourself two steps ahead of sisters 1 and 2, and their attempts to challenge and re-arrange your father's decisions after his death. Encourage sister 4 to stop reporting back to them, because she's unwittingly going to give them more ammunition to shoot her with (what's on the bank statements) and they've treated her very badly already. Sister 4 needs to start considering her own interests here and stop sisters 1 and 2 from continuing to ride roughshod over her.

Is it wise, or absolutely necessary, for sisters 1 and 2 to be visiting Wednesday? Just another opportunity for sisters 1 and 2 to keep up the pressure on sister 4. I'd be inclined to call it off (any reasonable excuse will do, dog ill, you've got a headache) just to give sister 4 a break from all this and a chance to consider what's really going on.

Yorkshireman99

YoungBlueEyes wrote: »

Dad's first wife died a couple of years ago, long after their divorce. Mum died 22 years ago, whilst she and dad were still married.
Could that have a bearing?

A red herring! I repeat my comments about not allowing the dissenters to bully you. Under no circumstances and over anything to the. Remind them politely that executors are not allowed to do so.

YoungBlueEyes

4’s mindset might change re the pressure they’re putting her under. She’s back at work today, and as she loves her job I think she’ll make that her priority.
1+2 can come up and ask for whatever they like. I don’t want to give them any cause for more trouble (3 is blocking reasonable requests, we only wanted to look at photos etc). Bank statements etc are a no but if they want photos etc they can have some. I’ve decided that any suspicious requests like bank statements I’ll have to ‘run by my solicitor on Friday’.

getmore4less

YoungBlueEyes wrote: »

Dad's first wife died a couple of years ago, long after their divorce. Mum died 22 years ago, whilst she and dad were still married.
Could that have a bearing?

Just potentially increases the available nil rate band(£325k upto £650k so even if you added back all the gifts and the house* the chances of it reaching a level where it will be necessary to bother with a capital return are even less, unless HMRC ask for one.

There is also the potential for a further £200k residential nil rate band as the house went to children.


If all the remaining assets are in that joint account then probate and the capital return are a waste of time and money.

Still do an inventory and account for the estate at DOD as that will be the first thing needed if this goes any further.

if you can be bothered a full account of the 7 years of gifts to show it is well below any nil rate band may be usefull.


* re: the house gift and gift with reservation on part of it.
there are exemptions to avoid double taxation by it getting included twice chances are the detail is not going to be needed.

YoungBlueEyes

I've started totting up what dad has given away money-wise, I only have bank statements back to 2013 though. But it comes to about £100k under the iht threshold. I spoke to HMRC this morning. he said the house needs including in his estate as far things with them go because he still lived in it after giving me and 4 it. But the whole lot is well under the £325k so we don't need to declare it or fill any forms in.

I have another question though. Is money that is in the house classed as "house and contents" ie mine and 4's (which dad said it was, to pay bills etc from, but i appreciate that is probably hearsay or something) or is it cash as in "cash gets split between my 4 daughters" and so must be put into the banl account to split?

Yorkshireman99

This is odd. From what you have said you WILL need probate and that will involve form filling.

YoungBlueEyes

I thought probate was for those with houses/land to disperse, or people without wills or executors...?