Misappropriation of estate

Dodo74

 I inherited money from my grandmothers estate in 2012 along with two other beneficiaries, her daughters, my mother was the executor of the will but not a beneficiary (I'm told since, this is because of a fractious relationship she had with her parents)
whilst inheriting this money in various amounts ranging from £5000 from £36000 -£90000 over the course of 2 years mostly in cash, my mother told me there was a dispute with probate that one of the other beneficiaries had made and I was not to spend the money until this had been resolved, my mother requested portions of the money back stating probate had instructed her as the executor to do so, eventually she stated probate had finalised the issues and concluded that she was the rightful beneficiary and not me and instructed me to give all of the money back (£208,000 in total with £108,000 of it in a lump sum, gifted to her as she told me if I did not do it this way I would be forced to pay tax on it) so I did as she said, I was disappointed but at the time it made sense to me my grandmother would leave her money to her children as I was unaware at this point of the issues in their relationship (I was 22 at the time)
I moved on and since then my relationship with my mother deteriorated due to her controlling and interfering nature.
at the end of last year I bumped into one of the other beneficiaries who I hadn't seen since I was a small child who informed me I was actually named in the will, I downloaded the will to confirm this and have since realised everything my mother told me is a lie. The estate was supposed to be split equally 3 ways between myself and my grandmothers other two children, I've since learned my mother, the executor actually gave the other two beneficiaries £40,000 each and put a total of £208,000 into my bank which I then gave back to her as and when she instructed me to.
I contacted a solicitor who wrote to my mother, she stated that I just gave her my inheritance out of the goodness of my heart!
solicitor has stated this may be too much of a complex case for him and has mentioned the statue of limitations etc, so I've come here wondering if anybody has any advice? 

I understand what I did was naieve but after years of therapy I now understand that the relationship I had with my mother was one rooted in coercive control and that plays a huge part in my actions.

MorningcoffeeIV

Dodo74 said:

 
solicitor has stated this may be too much of a complex case for him and has mentioned the statue of limitations etc, so I've come here wondering if anybody has any advice? 

He'll have meant 'statute of limitations', but I wouldn't think that applies here. It's not a debt, but theft.

See a better solicitor. But be realistic about your chances of success, depending on the evidence you have.

born_again

As well as the cost of the legal battle.

Sea_Shell

Only you know whether you're up for the "fight" over this, both mentally and financially.

If you don't think you'll have any closure until you've gone as far as you can with it, then seek another solicitor.

Or you may get more peace of mind by just letting go and putting it behind you.

Good luck, whichever you choose.

Mojisola

Dodo74 said:

 I inherited money from my grandmothers estate in 2012 along with two other beneficiaries, her daughters, my mother was the executor of the will but not a beneficiary (I'm told since, this is because of a fractious relationship she had with her parents)

Accept that your grandmother was foolish to make your mother the executor of her will, considering their poor relationship and that she wasn't being left an inheritance, and also accept that your mother tricked you into giving away your inheritance - anything you try to do will cost a lot of money, cause a great deal of stress and may well not succeed.

Savvy_Sue

Sadly I think if you try to do anything there are real risks. All three beneficiaries have a claim against your mother: she gave you more than you were entitled to and then lied to have it back from you, but she gave them less than she should have done. 

If you were going to do anything, it would be better for all three of you to pursue it. 

But realistically, would you get anywhere? Is there any money left for your mother to redistribute? And it runs the risk of the other two claiming against you, because you did receive more than you were entitled to, even though your mother conned it out of you. 

You'd need a solicitor specialising in contentious probate, I believe, and they don't come cheap. 

Sea_Shell

Savvy_Sue said:

Sadly I think if you try to do anything there are real risks. All three beneficiaries have a claim against your mother: she gave you more than you were entitled to and then lied to have it back from you, but she gave them less than she should have done. 

If you were going to do anything, it would be better for all three of you to pursue it. 

But realistically, would you get anywhere? Is there any money left for your mother to redistribute? And it runs the risk of the other two claiming against you, because you did receive more than you were entitled to, even though your mother conned it out of you. 

You'd need a solicitor specialising in contentious probate, I believe, and they don't come cheap. 

Good point!      They could claim that you did in fact receive this money when you shouldn't have, and effectively giving it away (to anyone) is no defence to giving it back, even if you no longer having the money. 

Tread VERY carefully, and not without proper legal advice. 

Savvy_Sue

I'm going to add that I am very sorry this has happened to you. If you no longer have a relationship with your mother, you might be very well advised to keep it this way and not stir up this hornet's nest. Try not to think 'what if' and move on with what is. 

JJWSJS8700

Dodo74 said:

 I inherited money from my grandmothers estate in 2012 along with two other beneficiaries, her daughters, my mother was the executor of the will but not a beneficiary (I'm told since, this is because of a fractious relationship she had with her parents)
whilst inheriting this money in various amounts ranging from £5000 from £36000 -£90000 over the course of 2 years mostly in cash, my mother told me there was a dispute with probate that one of the other beneficiaries had made and I was not to spend the money until this had been resolved, my mother requested portions of the money back stating probate had instructed her as the executor to do so, eventually she stated probate had finalised the issues and concluded that she was the rightful beneficiary and not me and instructed me to give all of the money back (£208,000 in total with £108,000 of it in a lump sum, gifted to her as she told me if I did not do it this way I would be forced to pay tax on it) so I did as she said, I was disappointed but at the time it made sense to me my grandmother would leave her money to her children as I was unaware at this point of the issues in their relationship (I was 22 at the time)
I moved on and since then my relationship with my mother deteriorated due to her controlling and interfering nature.
at the end of last year I bumped into one of the other beneficiaries who I hadn't seen since I was a small child who informed me I was actually named in the will, I downloaded the will to confirm this and have since realised everything my mother told me is a lie. The estate was supposed to be split equally 3 ways between myself and my grandmothers other two children, I've since learned my mother, the executor actually gave the other two beneficiaries £40,000 each and put a total of £208,000 into my bank which I then gave back to her as and when she instructed me to.
I contacted a solicitor who wrote to my mother, she stated that I just gave her my inheritance out of the goodness of my heart!
solicitor has stated this may be too much of a complex case for him and has mentioned the statue of limitations etc, so I've come here wondering if anybody has any advice? 

I understand what I did was naieve but after years of therapy I now understand that the relationship I had with my mother was one rooted in coercive control and that plays a huge part in my actions.

Issue a CPR Part 7 court action,
on your mother immediately, she’ll receive it within a few weeks, let her pay you off or explain to a Judge the will, beneficiaries and accounts for the Estate.

bobster2

JJWSJS8700 said:

Dodo74 said:

 I inherited money from my grandmothers estate in 2012 along with two other beneficiaries, her daughters, my mother was the executor of the will but not a beneficiary (I'm told since, this is because of a fractious relationship she had with her parents)
whilst inheriting this money in various amounts ranging from £5000 from £36000 -£90000 over the course of 2 years mostly in cash, my mother told me there was a dispute with probate that one of the other beneficiaries had made and I was not to spend the money until this had been resolved, my mother requested portions of the money back stating probate had instructed her as the executor to do so, eventually she stated probate had finalised the issues and concluded that she was the rightful beneficiary and not me and instructed me to give all of the money back (£208,000 in total with £108,000 of it in a lump sum, gifted to her as she told me if I did not do it this way I would be forced to pay tax on it) so I did as she said, I was disappointed but at the time it made sense to me my grandmother would leave her money to her children as I was unaware at this point of the issues in their relationship (I was 22 at the time)
I moved on and since then my relationship with my mother deteriorated due to her controlling and interfering nature.
at the end of last year I bumped into one of the other beneficiaries who I hadn't seen since I was a small child who informed me I was actually named in the will, I downloaded the will to confirm this and have since realised everything my mother told me is a lie. The estate was supposed to be split equally 3 ways between myself and my grandmothers other two children, I've since learned my mother, the executor actually gave the other two beneficiaries £40,000 each and put a total of £208,000 into my bank which I then gave back to her as and when she instructed me to.
I contacted a solicitor who wrote to my mother, she stated that I just gave her my inheritance out of the goodness of my heart!
solicitor has stated this may be too much of a complex case for him and has mentioned the statue of limitations etc, so I've come here wondering if anybody has any advice? 

I understand what I did was naieve but after years of therapy I now understand that the relationship I had with my mother was one rooted in coercive control and that plays a huge part in my actions.

Issue a CPR Part 7 court action,
on your mother immediately, she’ll receive it within a few weeks, let her pay you off or explain to a Judge the will, beneficiaries and accounts for the Estate.

Have you read the other comments? This is complex situation. OP should not do this without proper legal advice.

The mother gave the OP £208,000 from the estate then persuaded OP to give it back. 

A court may conclude that the OP did in fact receive the appropriate share of the estate plus a load more (that should have gone to other beneficiaries) and that the OP was at fault for giving it away.

Ganga

bobster2 said:

JJWSJS8700 said:

Dodo74 said:

 I inherited money from my grandmothers estate in 2012 along with two other beneficiaries, her daughters, my mother was the executor of the will but not a beneficiary (I'm told since, this is because of a fractious relationship she had with her parents)
whilst inheriting this money in various amounts ranging from £5000 from £36000 -£90000 over the course of 2 years mostly in cash, my mother told me there was a dispute with probate that one of the other beneficiaries had made and I was not to spend the money until this had been resolved, my mother requested portions of the money back stating probate had instructed her as the executor to do so, eventually she stated probate had finalised the issues and concluded that she was the rightful beneficiary and not me and instructed me to give all of the money back (£208,000 in total with £108,000 of it in a lump sum, gifted to her as she told me if I did not do it this way I would be forced to pay tax on it) so I did as she said, I was disappointed but at the time it made sense to me my grandmother would leave her money to her children as I was unaware at this point of the issues in their relationship (I was 22 at the time)
I moved on and since then my relationship with my mother deteriorated due to her controlling and interfering nature.
at the end of last year I bumped into one of the other beneficiaries who I hadn't seen since I was a small child who informed me I was actually named in the will, I downloaded the will to confirm this and have since realised everything my mother told me is a lie. The estate was supposed to be split equally 3 ways between myself and my grandmothers other two children, I've since learned my mother, the executor actually gave the other two beneficiaries £40,000 each and put a total of £208,000 into my bank which I then gave back to her as and when she instructed me to.
I contacted a solicitor who wrote to my mother, she stated that I just gave her my inheritance out of the goodness of my heart!
solicitor has stated this may be too much of a complex case for him and has mentioned the statue of limitations etc, so I've come here wondering if anybody has any advice? 

I understand what I did was naieve but after years of therapy I now understand that the relationship I had with my mother was one rooted in coercive control and that plays a huge part in my actions.

Issue a CPR Part 7 court action,
on your mother immediately, she’ll receive it within a few weeks, let her pay you off or explain to a Judge the will, beneficiaries and accounts for the Estate.

Have you read the other comments? This is complex situation. OP should not do this without proper legal advice.

The mother gave the OP £208,000 from the estate then persuaded OP to give it back. 

A court may conclude that the OP did in fact receive the appropriate share of the estate plus a load more (that should have gone to other beneficiaries) and that the OP was at fault for giving it away.

Or believe the truth that his conniving mother gave him the money that he believed in good faith was his inheritance then took it back ,he had not seen the will at this time so believed what they were told to be the truth.