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Where Taxpayers and Advisers Meet

Incomplete gift query

sw879
Posts: 3
Joined: Fri Aug 02, 2019 4:02 pm

Incomplete gift query

Postby sw879 » Wed Sep 16, 2020 9:41 am

Hi, I hope someone might be able to help me regarding an incomplete gift query.

The deceased made substantial gifts 7 years prior to his death (circa £1,000,000). A week before he died, he wrote a cheque for £10,000 to a friend, however, the bank did not accept the signature on the cheque and the £10,000 remains in his account.

I have been told by a family member that the recipient of the gift is aware of his death (and has not mentioned the cheque) but I have not personally been in contact with them and I am unaware of any special circumstances surrounding the gift or if the recipient may have relied on receiving the gift to their detriment.

I was wondering if anyone could advise on the status of the gift please or could point me in the right direction? Thank you

pawncob
Posts: 4525
Joined: Wed Aug 06, 2008 4:06 pm
Location: West Sussex

Re: Incomplete gift query

Postby pawncob » Wed Sep 16, 2020 5:36 pm

The £10k is a claim against the estate. Do you have evidence that it's a gift?
With a pinch of salt take what I say, but don't exceed your RDA

sw879
Posts: 3
Joined: Fri Aug 02, 2019 4:02 pm

Re: Incomplete gift query

Postby sw879 » Thu Sep 17, 2020 9:48 am

No evidence other than being told by a family member (who was also the deceased's attorney and is heavily involved in the administration of the estate) that the deceased made the gift to this friend.

maths
Posts: 7950
Joined: Wed Aug 06, 2008 3:25 pm

Re: Incomplete gift query

Postby maths » Thu Sep 17, 2020 3:29 pm

In short, the so-called "gift" fails and without further info' the donee has no right of action against the donor's estate.


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