Can executors take a gift back

74jax

Please take it from her house, if only for the time being. 
She could be extremely vulnerable if someone did turn up. 

noodlepip

Thank you for your replies and I apologise for the delay in getting back (been staying at mums for a few days and no internet!!) Anyway, in response I have now contacted a solicitor as all direct contact with the executors/beneficiaries has been stopped. My mum has not been left any items in the will just a yearly allowance from the estate for her to live on. She has been left no property or possessions, these all go to the estate. I agree that this goes deeper than wanting to pay Inheritance Tax as it would be in their interest to leave it as a gift, but when I asked the question as to why they were pursuing it they just said they didn't want to be penalised. Surely with all our proof this would not happen. And yes, in the middle of all this it seems they have forgotten (or not bothered) that my mum is still grieving and all this upset has just added to her anguish. It is likely that this will delay probate which they are not happy about and has made them even angrier, but this was never our intention. They are totally unreasonable and have no empathy whatsoever. I will just be glad when it is all over and we can all move on with our lives. Thank you for all your support and kindness.

getmore4less

How is the yearly allowance structured.

They need to retain enough funds to last a life lifetime that could be a lot and delay distribution.

noodlepip

Thank you. I believe an amount has already been ringfenced for this purpose from an account which cannot be touched by them for my mothers's lifetime.