ronwicks
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Sorry, I was thinking of the £3k annual gift allowance. I also have very little experience of Tax Matters, that is why I need to ask questions.
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As far as I am aware the £100K was paid out before death. The 2 x £20k just recently - long after death, so would this still be a gift from A and subject to Tax, less £7k gift allowance? Alzheimer’s was not too far advanced and she was cared for by A at her home. “Daughter A may have hoped that advance purchase of school fees was more likely to survive a 'deliberate deprivation of assets' challenge than merely making a cash gift.” This is probably the reasoning behind this payment. As this was before death would it have a benefit “Gift” to the granddaughter? Not yet discussed with daughter A as I wish to get facts clear in my head and know full legal and tax implications before I act. Re LPOA, have just reread the “Jointly and Severally” section and it states that “If one attorney makes a decision, it has the same effect as if all the attorneys made that decision”. Could this implicate me in any improper transfer of funds?
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Many thanks for the interest and informative replies As far as I am aware the total estate of my wife was the £211,000 handed over, less any living and care expenses in the past year. Daughter A is the sole Executor and had LPOA joint and several with me, but I certainly was not consulted on any such transfer of funds. As far as I can ascertain the monies were transferred before death, and I can find no trace that Probate has been granted. Also my wife suffered from Alzheimer's. I have not seen the Will, but the terms were to be that the 3 Grandchildren shared equally, inheriting at the age of 25. One is 25 this Sept, second in September next year but A’s daughter is now only 12. The payment of £100k advance school fees appears to be a ploy to circumvent the Will and give an unequal share to A’s daughter and before the age of 25.f Regarding the £20,000 the other grandchildren receved from A's Bank account I am concerned whether they can claim this as an inheritance to HMRC or whether this could be construed as a “Gift” from Aunt A. I hope this answers all of the questions.
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Basically the problem is My wife and I separated in Sept 2019 and I passed to her some £211.600. She passed away on 8th January 2021 and left a Will for her estate to de divided equally among three grandchildren with our daughter A as executor. A has one daughter and our other daughter has two children. It has come to my attention that ALL of my wife’s funds were transferred to that daughter’s (A) Bank account prior to death, and that some £100,000 had been paid as 4 years advance Boarding School fees for her daughter. As this large sum of money was transferred to my daughter and/or paid to the benefit of that granddaughter prior to death what, if any, are the tax implications? The two other grandchildren have each received £20,000 from the Aunt’s Bank account, not apparently from the estate, Would this be taxable ^income^ - if so how much – can £7,000 gift be exempt?
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Where can I obtain good advice on an Inheritance Tax/Income Tax problem that probably involves some mis-administration of an Executorship. I have tried contacting HMRC but after waiting almost two days for a Tax Advisor to come online I gave up.
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On the 10th August 2016 we sent the ffollowing letter to ther County |Court Dear Sirs On the 21st June the County Court ordered that “a hearing fee of £80 is payable by the 19th July 2016 otherwise the result may be the hearing being removed and the claim being struck out. On the 25th July the Court advised that the time had expired to pay the hearing fee, and gave a further 7 days to pay otherwise the hearing will be vacated and the claim struck out without further order. Now I have received the notice of 8th August advising that no hearing fee having been received the hearing listed for 18th August has been vacated, Could you please advise me if this claim has now been “Struck Out” No reply has been received. What are our next steps. Must we wait apprehensively for the expiry of the 28 days in case the Claimant pays the Fee and revives the Claim? Can we formally request the Court to order this to be "Struck Out"? so that we can have closure from this ordeal.
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When I look up Small Cl;aims Court procedures I understand that if it is vacated the Claimant can reinstate a hearing merely by paying the Hearing Fee within 28 days, but if it is Struck out then they need to apply to the the Court with a good reason to have the Claim restarted and the other party may raise objections,
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I am now a little confused on the ongoing of this Claim. On the 21st June Court Hearing was listed for the 18th August and ordered that a "Hearing Fee of £80.00 is payable by 19 July by the Claimant. On 25 July IT IS ORDERED THAT. Upon the time having expiresd for the claimant to pay the hearing fee Unless the claimant pays the hearing fee within 7 days from the date of this order the hearing will be vacated and the claim struck oout without further notice. 8 August " as no hearing fee has been received the hearing listed for18th August has been vacated. MY COMMENT. The Claimant was given 28 days in which to pay the hearing fee and failed to do so. 7 days after that date the claimant was given a further 7 days to pay - and again failed to do so. On the 8th August , six days after the failed payment the Court advises that the " hearing listed for the 18th August is vacated" The Claimant had 28 days, then a further 14 days in which to pay the hearing fee and failed to do so. Even though the Court ordered that if the feewas not paid by 2nd August the claim would be vacated and "struck out without further notice". This has not been "struck out" and it would appear that the Claimant now has a further 28 days in which to pay the fee and lift the stay. Is this correct ? or is the Court extending some leniency to this Claimant? O
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The Court eventually replied to my letter: "This was referred to the District Judge who has made the following comments: We have no further information regarding Mr. XXXXX on the court file. as far as we can see, no solicitors have put themselves on record as acting for the Claimant. She may have instructed him via the direct access scheme." From that it would appear that Solicitors are not involved and the Bar Association advises that no current Practicing Certificate is held by Mr. XXXXX. In a civil claim in the County Court, how does he have a Right of Audience to represent the Claimant??
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There does not appear to be a supporting office, As far as we are aware the person presenting the case is a relative, or some family connection, to the Claimant, and some of the actions he has taken, without having to go into details, are sailing very close to the legal wind. If he is not supported by a regulated office, then what are his Rights of Audience.
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There is nothing in the court papers to indicate any firm of Solicitors - no letters, all Court Papers signed by the Claimant. I am sending the following letter to the Court- Ref your reply to of 18th July to my enquiry. The Law Society and the Registry of the Bar association have been contacted and both advise that none of their members with the name of Mr XXXXX have a Practicing Licence for the current year, and suggest that I get more details, including his full name and profession, from you. To assist my request it would be helpful if you could also advise me of the Claimant’s Solicitors.
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To further my concern about the person representing the Claimant in Court, I spoke to the Law Society and the Registry of Barristers and neither of them had anybody of that name on their practicing records. In a phone call to the Court Office for the name of the person they replied that “No Solicitor was present at the hearing, for any further information we should write to the Court”. So we sent the following letter: REQUEST FOR INFORMATION At the hearing on the 16th May the Claimant had a representative who spoke for her. When I made enquiries I was informed that no Solicitor was present at that hearing. For various reasons I need to know that person’s name and the Regulatory Body that issued his Practicing Licence. In the absence of this Licence perhaps I could be advised of the conditions under which he represented the Claimant. The reply was: “Having checked the Court records for your hearing on the 16th May the Claimant had Counsel (XXXXXXX) representing her. If you require any further information as to which chambers Mr XXXXXXX belongs to I would suggest that you contact the Claimant’s Solicitors as they would have requested his attendance.”
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Because he was speaking on her behalf in Court and his name was at the bottom of the Skeleton Argument.
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This has been a lengthy and complex case taking up over a half inch of court papers etc. the Claimant, an individual, is trying to establish a business connection between the two Defendants. We have ample proof that there is not, and never has been, any business connection, and that the two debts are for quite different, unconnected, matters. The Claimant is unable to trace the second Defendant and has cited her with a wrong first name. We are at a loss to understand why the Claimant and adviser are pursuing this so relentlessly with a heavy legal hand when they, perhaps inadvertently, have provided us with evidence that there is no connection. (see post at 12.36 today) That is why I need to know who is the legal advisor behind this onslaught. Further I have always understood that the burden is on the Claimant to produce proof and evidence that a debt exists which the Defendant may contest or admit. All I need now are the answers to my questions, repeated below, but I hope that I can get these without the tedious, time consuming necessity of giving all the details of this complex case. I understood that only registered practicing Solicitors and Barristers can appear in Court for Clients? Can the Defendant request the Court for details of the representative for the Claimant? If so, how? Is it possible to challenge his right to represent the Claimant? It has cost my friend and me many hours of studying the papers, research, and preparation of Court papers. Is there any way of recompense? With no apparent Regulatory body for this representative there no avenue for making a complaint.
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She was sued jointly with another Defendant for £595.00 of which £315 was hers and £220 the other Defendant, plus £60 Court Fees. She has paid £375.00 to settle her debt and the Court Fees. The £220.00 is solely the liability of the 2nd Defendant. There was no business connection between the two Defendants, which the Claimant is attempting to prove, and they have even sent us a copy of an email to Claimant where 2nd states that she owes £220 and will pay “next week” and that £315 is payable by my friend.
