Stepmum trying to demand money

MeteredOut

UnsureAboutthis said:

A quick Google came up with results from AI

(NB this comes with a warning that the info may be incorrect but makes sense to me as I posted earlier ie, the burden of proof is on the person receiving the gift and it makes sense to me. However, in court, different judges/lawyers etc can make a case as they go along.

<snip>

AI tells you what you want to hear based on your prompt. Without you sharing that prompt, it is impossible to say why it produced that result. I could craft a prompt that, on the face of it, seems unbiased, but that would produce an entirely different outcome.

But, you already know that what AI has produced here is, at best, misleading, and most likely downright wrong, so why are you persisting down this route? 

UnsureAboutthis

MeteredOut said:

UnsureAboutthis said:

Section62 said:

UnsureAboutthis said:

Keep_pedalling said:

She has no right to demand the money back, I would bin the letter and have no more contact with her. 

She, (Stepmum)can "demand" but the law is on the OP's side.

If it goes to court, OP will need evidence to prove it was a 'gift' and this is why it is important to document git and give a copy to those you gift or their guardians/parents

We've often gifted amounts via direct bank transfers and written the words eg,  'GIFT to XXXXXX - I'm pretty sure that will carry some weight in court but  for larger amounts, get it written paper and signed.  

So, when the money was gifted, you have any bank records or written evidence that states that?

In a legal claim I'm fairly sure the onus would be on the stepmum to prove it wasn't a gift.  Any written evidence the OP has of the gift status would be helpful, but the characteristics (e.g. being placed in trust funds for the children) already have the hallmark of being a gift, not a loan.

Proof it was a gift might be more relevant for IHT purposes, in some cases.

Maybe but on the whole I disagree with you and so will the courts on most occasions in my view.

More often than not, people give loans to their children without any written agreement.   When parents gift a substantial amouth (whatever that is to anyone) and the parent is with is married to the childs step-parent, it is sensible to have written evidence oand or at least as I detailed

In my view, the burden of proff of a gift from a parent is on the person that was given the gift. In cash terms, often, we do anyway, write in the bank details why we are transferring money a "GIFT to Anyname"

Do you think your "view" holds more weight than the two links in the post above regarding the 'Presumption of Advancement' ?

https://forums.moneysavingexpert.com/discussion/comment/81543125/#Comment_81543125

And if so, based on what knowledge, experience or qualifications?

From one of those articles:

"Put simply, PoA is a well-established principle in UK law which states that courts will presume that, if a person transfers money or property to their spouse or child, this is considered to be a gift in the absence of any evidence to the contrary."

Thank you.
Hands up. I did get the two confused, IE, IHT and gift's outside this.
However, having evidence as stated by me, will make 
an extra peace  of mind for the person getting the gift.

Section62

UnsureAboutthis said:

Section62 said:

UnsureAboutthis said:

In a legal claim I'm fairly sure the onus would be on the stepmum to prove it wasn't a gift.  Any written evidence the OP has of the gift status would be helpful, but the characteristics (e.g. being placed in trust funds for the children) already have the hallmark of being a gift, not a loan.

Proof it was a gift might be more relevant for IHT purposes, in some cases.

Maybe but on the whole I disagree with you and so will the courts on most occasions in my view.

If your view is correct then it would mean some basic legal principles are wrong.  You've been shown evidence from professionals, do you disagree with them?

UnsureAboutthis said:

More often than not, people give loans to their children without any written agreement.   When parents gift a substantial amouth (whatever that is to anyone) and the parent is with is married to the childs step-parent, it is sensible to have written evidence oand or at least as I detailed

"Sensible" <> "Required".  It is sensible to document a lot of stuff relating to family financial matters, especially where death of one or more is anticipated.  But the absence of documentation doesn't mean a claimant will win.  The onus is on them to prove their claim. 

UnsureAboutthis said:

In my view, the burden of proff of a gift from a parent is on the person that was given the gift. In cash terms, often, we do anyway, write in the bank details why we are transferring money a "GIFT to Anyname"

Your view is incorrect in the context of the OP's issue.  Your advice is misleading.  They are dealing with a difficult and distressing situation, please don't make it harder for them.

sheramber

£2,000 would be an exempt gift for IHT unless he made other gifts.

Newly_retired

IHT is not the OP's issue here.

elsien

Posting large sections of AI generated text is also against forum rules. 

Marcon

Highlandchick said:

I lost my dad 3 weeks ago to cancer. I dont live near him so traveled to say my goodbye to him. I left everyone on a sad but happy note. Since his passing I have left everything to his wife to sort as she is his next of kin and down on will as so. Me and my siblings knew we wouldnt inherit anything and that our stepmum would inherit everything which we was more than fine with. Now I have received a nasty letter from my stepmum demanding that I pay back money that my father gave me 2 years ago to put into a trust fund for my kids, which I did. She saying it doesn't matter and that I have to pay it back immediately otherwise she taking me to court for it. Can she honestly do this? 

You lost your dad and your stepmother lost her life partner. Commiserations to you both.

This was just 3 weeks ago - cut her (and yourself) a bit of slack. Send her a written note saying that the money was a gift from your father to put into a trust fund for your children, and you did exactly that. I wouldn't start banging on about if she has proof etc etc - she'll tell you soon enough if she has.

mta999

I agree with @Marcon - just gently say the money was a gift, ask how she is and leave it at that for the moment