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Validity of a gift - typed and signed, enough to prove ownership?
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Keep_pedalling said:Why does he simply not put those paintings still on his walls in his will?Because they aren't his and your Will has no bearing on stuff you don't own. He gave them all away some time ago. When the OP says "in his possession" in their latest post, I believe they mean "on his wall"; they are still owned by the daughters and that hasn't changed since the original gifts.All of the paintings have been given away, but some have now been moved to the OP's wife's walls (and her sister's? although she hasn't been mentioned lately) while some remain on the father's wall.In terms of IHT, if the father lives for seven years after the paintings have been moved out of his house, those paintings will not be liable to IHT. (It is important to be aware that the clock only started ticking once the paintings left his house. It may sound obvious but most online guides on gifts will say that the 7 year clock started ticking at the date of the gift, because they aren't about gifts with reservation of benefit where the donor later gave up the benefit, so there is potential for confusion.)The paintings on his wall, as discussed extensively above, will remain liable for IHT indefinitely.It sounds like all concerned have acted sensibly by dividing up the daughters' paintings between their walls and the father's. In the worst case scenario where the paintings on father's wall are not returned to the owners on his death but mysteriously disappear, the daughters at least have the consolation of the ones they do have.Incidentally, if he wants to reduce his Inheritance Tax liability he should see an independent financial adviser rather than tinkering at the margins with paintings.0
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