Disputed transfer of monies from gran's account to my daughter

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Comments

  • Speak to a solicitor., someone who knows the legal position.
    Always a good idea but not needed at this stage IMO.

    Anything that happened prior to the death will be for sons to prove (regardless of their opinions) as the grandmother was free to spend her money as she saw fit. I wouldn't even entertain anything unless it comes from a solicitor or some other 'official' source. 
  • sheramber
    sheramber Posts: 19,004 Forumite
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    It is a pity the money was not passed direct to the children instead of being held in the daughter's account.

    I don't think the bank will be bothered about what happened to the money after it was transferred out of the mil's account.  All they will be concerned with is that the daughter had authority to transfer it, which she did.

    I would ignore the sons until something official is received.
  • How much money are we talking about here?
    Is it hundreds, thousands or many thousands?

    Look at it this way - if it gets ugly and the son/s take legal advice they will have to pay for this - there is no legal aid for this and I can't see a No win no fee solicitor taking the case on.
  • Rich2808
    Rich2808 Posts: 1,330 Forumite
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    How much money are we talking about here?
    Is it hundreds, thousands or many thousands?

    Look at it this way - if it gets ugly and the son/s take legal advice they will have to pay for this - there is no legal aid for this and I can't see a No win no fee solicitor taking the case on.
    As you say it depends on materiality - it is a few hundred pounds or tens of thousands?

    Did she have other assets including a house - which you might assume the sons would be happy with?
  • Section62
    Section62 Posts: 7,750 Forumite
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    Rich2808 said:
    I am assuming your mother in law did not leave a will specifying her grand-daughters - not her sons - should inherit her estate?

    So legally as she died intestate her sons - as nearest next of kin - inherit her estate.

    What is right or moral or what your MIL said she wanted is academic - her estate and her assets pass to her sons if there is no will specifying otherwise or no witnesses to the discussions in the hospital. I also assume there is no written record to confirm she agreed to pass the moneys to your daughter?  And without written proof the sons can claim fraud and seek legally to recover the sums paid out for the estate.

    Hopefully it won't come to that - but legally the sons are within their rights to do this without proof of gran's intentions.

    This just highlights the importance of making a will if you don't  want your closest next of kin to inherit your estate. Sadly too late in this case!
    Although that would be correct if the money had been incorrectly taken from the estate, on the basis of what the OP says the MIL decided to  gift the money to the grandchildren (and this was actioned) prior to her death, and therefore the money wouldn't (in principle) be part of the estate.

    The daughter's potential problem is in persuading a court that the transfer was in accordance with the MIL's wishes.

    The sons have a right to kick up whatever fuss they want to make, but that doesn't mean they have an automatic legal right to the money.

    Arguably if the daughter gives the money 'back' to the sons then this would be contrary to the instruction given by the MIL and she would be acting to the detriment of the grandchildren (who as minors need additional protection).

    The daughter should get professional legal advice on what to do next.  And do nothing else before, particularly not giving the money to the sons.
  • Brie
    Brie Posts: 9,860 Forumite
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    Hope it all turns out ok and you're all able to move on after this unfortunate turn of events. 
    "Never retract, never explain, never apologise; get things done and let them howl.”
  • Rich2808
    Rich2808 Posts: 1,330 Forumite
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    speedy65 said:
    Thank you all for your comments. My daughter plans to ignore correspondence from the sons and will only deal with legitimate individuals, the bank or the police, when and if required. My daughter has not benefitted from the transfer of moneys (£7K) as the funds were for the accounts of her young daughter and her nephew, also as instructed, the monies left for final utility bills remains untouched in the bank account. There are 2 small insurance policies which will cover the funeral, the sons have decided that they will now have her cremated without any kind of service so that they can split the remaining amount between them. Sadly, an indication of character, whether relevant in legal terms or not.  Again, thank you for your responses.

    Sorry to hear about this - quite shocking these two grown adult men haven't the decency to spend money on a proper memorial service for their own mother despite insurance policies being in place for this purpose. 

    But don't let it affect how you remember your MIL and your daughter's gran - she sounds like she was a wonderful lady.

    It just highlights the importance of making a will - especially if you don't want your immediate next of kin to inherit. 

    https://www.moneysavingexpert.com/family/free-cheap-wills/
  • Brie
    Brie Posts: 9,860 Forumite
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    And nothing saying that you can't have a party in her honour.  Now or on her birth date.
    "Never retract, never explain, never apologise; get things done and let them howl.”
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