Can executors take a gift back

noodlepip

My mother's partner died and now his son is trying to take back a gift that was given to her 15 years ago. They are saying there is no proof that it was given to her although the subject is only relevant to her (it is quite valuable) and that the reason he needs it is that the taxman will want it to form part of the estate so they can pay inheritance tax on it. I find this difficult to believe as the estate is very large and it would be more beneficial for them to allow this to remain as a gift. The person who sold it to her partner is also willing to confirm that it was indeed purchased for my mother. Now he has threatened to send round bailiffs (or whatever is required) to break down the doors to get to the item. My mother, as well as myself, is understandably petrified. She is quite elderly and easily confused. Please can anyone offer any advice. (I have contacted a solicitor but would appreciate some guidance on rules relating to gifts and probate). Thank you

The_Unready

He can't just send round the bailiffs to gain entry without a court order. That's called breaking and entering, and is a criminal offence!

diego_94

Gifts are only taken into the estate if they were given up to 7 years prior to death. As this was 15 years ago, then this wont apply.

However..... Who is the executor of the estate? Who are the beneficiaries? As they could claim that this was given within 7 years on the forms. However I am not aware that there is a requirement to give it back at all if requested. What if it was money and she had spent it?

Your mums partners Son sounds like a nasty piece of work, and I would think his empty threats can be ignored.

tacpot12

A gift can never be taken back, unless someone misunderstood that the gift was being lent to them, and even the, it is for the person trying to take the gift back to prove to a court that the gift was being loaned. 

It would be wise to remove the item from your mother's house to a place of safekeeping. If she is easily confused, she may hand the item over to someone who has no authority to remove it. 

The value of the gift may need to be taken into account for inheritance tax, but the tax is due on the estate, not from the person that received the gift. It is possible that the gift might need to be valued, and a valuer might need to examine the item. If this is necessary, I would arrange to take the item to the valuer's location, once you are happy that they are an independent valuer. 

getmore4less

For a gift to be an absolute gift there are some fairly simple guidelines.

if you google deathbed gifts a few of things mentioned apply.

Like
Did the person take possession of the asset.
Did the donor give up all benefit of the asset
...  

Even where a donor retains benefit it does not negate the gift.

How was the asset gifted?

noodlepip

Wow, I wasn't expecting so many replies so quickly, thank you so much. I think the threat of sending bailiffs around was designed to scare mum. The beneficiaries and executors are the son and his 2 brothers. In 2017 they had an inventory done on all the assets in the  house in which they included this item. My mother disputed this and therefore asked the respected person who sold it to clarify that it was indeed bought for my mother which he did in writing. However, they are claiming that as this letter was written in 2017 we are in effect backdating the gift when in fact she was only clarifying that it was bought for her in 2006. Little did she know then that 5 years later this would happen!

getmore4less

if you have written evidence it was bought for you mother as a gift then its hers.

How they deal with the potential tax issue if they claim it was 2017 is their problem unless by very valuable you mean over £325k

noodlepip

Thank you for all the help and advice, no it definitely is a lot less than that and all your responses have really helped and been appreciated.

Brie

Just sounds like the son(s) are greedy $$£"$"£%s.  Just what your mom needs when grieving.

diego_94

Ignore them, they cant take it back. If the value of this gift pushes the estate over the inheritance tax threshold then the estate will take the cost of this and not your mother.

In fact if this is the case then they are better off agreeing to it being a gift in 2006, then it wont count for IHT purposes!

I take it your mum is not set to inherit anything from her partners estate at all?

thegreenone

Surely, if that was your mother's possession, it should not have been included in the inventory?

Did your mother's partner ask them to do an inventory?  

I know it sounds a bit drastic but I would report the threats to 101 explaining, very clearly, that your mother is vulnerable.  I hope the Force is as good as ours were with my Mum and will give her a password so anyone knocking on the door needs that password.  No password, no entry and she can phone 101 for support and they will know the history.

Oh and possibly a bit old fashioned but does her bank have safe deposit boxes?  Or can advise on safekeeping of a valuable object.