Estate

a2dlc

My dad recently passed away, around 4 weeks before his death he told me had paid his partner £10,000 so she had instant access to money to cover bills. A week or so before his passing it came to light he had actually paid 3 lots of £10,000 in seperate transactions. We find this very odd but can no longer question it. Now probate has been issued his estate is ready to be split, 20% each to his children and 60% to his partner (they were never married) would it be right that any amount due to his partner should be minus £30,000 as he already gave her an advance as such before he died? Thanks

Mojisola

a2dlc said:

A week or so before his passing it came to light he had actually paid 3 lots of £10,000 in seperate transactions.

would it be right that any amount due to his partner should be minus £30,000 as he already gave her an advance as such before he died?

Only if the £30,000 was a loan.

As it sounds like an outright gift then it isn't part of his estate.

a2dlc

He gave it as an advance, he passed away a month ago and she would have had no money to survive on until probate was issued. Legally i dont think we would have a case but morally she has already had £30,000 and was due £39,000 so she should have the difference of £9,000 where as it stands currently she will be getting a further £20,000 ( which would have been £5,500 of mine and £5,500 of my sibling) its very complicated

pphillips

Do you have any evidence?

elsien

a2dlc said:

He gave it as an advance, he passed away a month ago and she would have had no money to survive on until probate was issued. Legally i dont think we would have a case but morally she has already had £30,000 and was due £39,000 so she should have the difference of £9,000 where as it stands currently she will be getting a further £20,000 ( which would have been £5,500 of mine and £5,500 of my sibling) its very complicated

Then you've answered your own question. Unless she is willing to agree a variation, or you can properly evidence (via a court if necessary) that it was a loan and to be repaid, then the will stands as it is. 

a2dlc

I did think this. Thanks for your feedback 

Missjinty

Missjinty said:

I need some advice.  My 13 year old son and his 3 year old brother (from another mother) are sole beneficiaries to their fathers estate.  He passed away intestate in October 2018.  Fathers family took control of the estate and instructed solicitors to apply for letters of administration in Jan 19, this application was not done until June 19.  The solicitors have refused to update me on the situation.  The sister who is supposed to be the administrator (does not know if solicitor has letters of administration ), she says the solicitors hardly communicate with her.  The mortgage company took repossession of the house in December 19, they refuse to communicate with the sister as she does not have a letters of administration and marketed the house for sale via agents in March 19.  I made the family and the solicitors aware of this .   I have now learned the property was sold and sale completed on the 25th August 2020.  People have moved in.  The  land registry still is in the name of my sons father.  The family solicitors are not responding at all and their website says they are closed due to COVID.   I have checked on gov .uk and there is no record of the letters of administration.  Does it take over 15 months to obtain this?  who can i contact.  Would the mortgage company be holding the funds?  Any direction is appreciated.

Flugelhorn

Missjinty said:

Missjinty said:

I need some advice.  My 13 year old son and his 3 year old brother (from another mother) are sole beneficiaries to their fathers estate.  He passed away intestate in October 2018.  Fathers family took control of the estate and instructed solicitors to apply for letters of administration in Jan 19, this application was not done until June 19.  The solicitors have refused to update me on the situation.  The sister who is supposed to be the administrator (does not know if solicitor has letters of administration ), she says the solicitors hardly communicate with her.  The mortgage company took repossession of the house in December 19, they refuse to communicate with the sister as she does not have a letters of administration and marketed the house for sale via agents in March 19.  I made the family and the solicitors aware of this .   I have now learned the property was sold and sale completed on the 25th August 2020.  People have moved in.  The  land registry still is in the name of my sons father.  The family solicitors are not responding at all and their website says they are closed due to COVID.   I have checked on gov .uk and there is no record of the letters of administration.  Does it take over 15 months to obtain this?  who can i contact.  Would the mortgage company be holding the funds?  Any direction is appreciated.

I have answered on your other thread - it is possible that a lot of money was owed to the mortgage company hence why they repossessed and sold the property - there may not be any funds. If there had been life insurance then really that would have paid the mortgage and then the administrators would have been the ones to sell the property 

Marcon

Perhaps stick to one thread rather than asking the identical question in two places, especially when this thread started off on a wholly different topic.