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Setting up a Trust Fund to Avoid Inheritance Tax

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  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    textbook said:
    The will was changed in 2013 and the old lady died 2017.   
    So all this happened five years ago?
    Your first instinct - to leave well enough alone - was correct.
    With power of attorney, could they have not put the money into the attorney or trust fund but from old lady's account to their own?
    If by "could" you mean "is it physically possible" then yes. If you mean "is it legal" then no. Is there any evidence that they did so?
  • textbook
    textbook Posts: 784 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    textbook said:
    The will was changed in 2013 and the old lady died 2017.   
    So all this happened five years ago?
    Your first instinct - to leave well enough alone - was correct.
    With power of attorney, could they have not put the money into the attorney or trust fund but from old lady's account to their own?
    If by "could" you mean "is it physically possible" then yes. If you mean "is it legal" then no. Is there any evidence that they did so?
    A crime was committed possibly and one day I'll report it I guess have worried she'd guess it was me.   A friend of mine told me that the flat below her and her flat were owned by an old lady who was mysteriously married by the now owner.   Might report him.

    Honestly, these people are bigger thieves than the thieves in prison.   This guy will have no idea it was me reporting.   The original lady might guess it's me
  • Marcon
    Marcon Posts: 14,322 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 28 January 2023 at 9:59PM
    textbook said:
    textbook said:
    The will was changed in 2013 and the old lady died 2017.   
    So all this happened five years ago?
    Your first instinct - to leave well enough alone - was correct.
    With power of attorney, could they have not put the money into the attorney or trust fund but from old lady's account to their own?
    If by "could" you mean "is it physically possible" then yes. If you mean "is it legal" then no. Is there any evidence that they did so?
    A crime was committed possibly and one day I'll report it I guess have worried she'd guess it was me.   A friend of mine told me that the flat below her and her flat were owned by an old lady who was mysteriously married by the now owner.   Might report him.


    Getting married isn't normally a crime.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • textbook
    textbook Posts: 784 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Marcon said:
    textbook said:
    textbook said:
    The will was changed in 2013 and the old lady died 2017.   
    So all this happened five years ago?
    Your first instinct - to leave well enough alone - was correct.
    With power of attorney, could they have not put the money into the attorney or trust fund but from old lady's account to their own?
    If by "could" you mean "is it physically possible" then yes. If you mean "is it legal" then no. Is there any evidence that they did so?
    A crime was committed possibly and one day I'll report it I guess have worried she'd guess it was me.   A friend of mine told me that the flat below her and her flat were owned by an old lady who was mysteriously married by the now owner.   Might report him.


    Getting married isn't normally a crime.
    What if he didn't know her then marries her months before she dies of cancer?
  • user1977
    user1977 Posts: 17,733 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    textbook said:
    Marcon said:
    textbook said:
    textbook said:
    The will was changed in 2013 and the old lady died 2017.   
    So all this happened five years ago?
    Your first instinct - to leave well enough alone - was correct.
    With power of attorney, could they have not put the money into the attorney or trust fund but from old lady's account to their own?
    If by "could" you mean "is it physically possible" then yes. If you mean "is it legal" then no. Is there any evidence that they did so?
    A crime was committed possibly and one day I'll report it I guess have worried she'd guess it was me.   A friend of mine told me that the flat below her and her flat were owned by an old lady who was mysteriously married by the now owner.   Might report him.


    Getting married isn't normally a crime.
    What if he didn't know her then marries her months before she dies of cancer?
    What's the crime?
  • Savvy_Sue
    Savvy_Sue Posts: 47,303 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There have been a few cases of marriage, where one of the parties may have lacked capacity. And adult children of that party were not invited to the wedding, nor informed it was happening. What precise crimes might have taken place I'm not sure, but questions are raised.
    Signature removed for peace of mind
  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Savvy_Sue said:
    What precise crimes might have taken place I'm not sure, but questions are raised.
    The Grauniad ran a series of articles on "predatory marriages" last year, following a campaign by the daughter of one of the victims. 
    Essentially there is no crime in marrying someone who does not have capacity. The onus is on the registrars to spot it. And while the marriage would be legally invalid during their lifetime, once the victim has died there is nothing you can do about it.
    The Guardian said:
    Under forced marriage legislation, with vascular dementia on her medical notes, Blass would probably have lacked the capacity to marry – but after someone has died you can annul their marriage only if it was incestuous or bigamous.
    So the OP making a report to the police that their friend (is it the same friend who likes to spout nonsense about trust funds and POA fraud?) told them that they know somebody who got married a few months before dying of cancer could be even more pointless than you might think. 
    Marrying while terminally ill can be entirely sensible due to the Inheritance Tax benefits.
  • textbook
    textbook Posts: 784 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 31 January 2023 at 1:43AM
    It would be on the anonymous online fraud site.  I'm not sure about cancer marriage one, guess wouldn't hurt to report itbut the other one where the person gifted themselves a  lot of money (when i talked about trust funds)  and the gifing spotted by a solicitor with net and gross figures being so different would be worth reporting with probate figures underlined.

    This is a disgusting crime which happens a lot.  Lots of money is effectively stolen.  If you think about it when a homeless person breaks into ahouse and steals £50 he gets three years in prison yet these real thieves get nothing.   We need to take this crime more seriously.
  • Mands
    Mands Posts: 844 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    textbook said:
    If you think about it when a homeless person breaks into ahouse and steals £50 he gets three years in prison yet these real thieves get nothing.   
    Can you provide a link to a case where that was the sentencing?
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