• Jarndyce v Jarndyce rides again

    From Nick Odell@21:1/5 to All on Thu Jun 5 08:53:02 2025
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2]
    as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to Nick Odell on Thu Jun 5 10:02:57 2025
    On 05/06/2025 08:53, Nick Odell wrote:
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2]
    as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.


    Thanks for the links. What stands out for me is that the claimant, Mr
    Changizi, represented himself as a litigant in person in his futile
    attempt to argue that the existing law was wrong.

    Thank goodness he didn't have an incompetent lawyer telling him he had a
    chance of winning.

    https://www.bailii.org/ew/cases/EWHC/Ch/2021/1659.html

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Nick Odell on Thu Jun 5 09:50:43 2025
    "Nick Odell" <nickodell49@yahoo.ca> wrote in message news:9oi24ktc03n8vl05nj1rrhvg5rrh3k3u2i@4ax.com...
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    quote:

    Ms Roberts added: "This serves as a cautionary reminder to
    testators to ensure that they understand the implications
    of making lifetime gifts in conjunction with the terms
    in their will."

    :unquote

    Or first post your problem on ULM, and potentially save yourself
    £402,000.

    bb


    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2]
    as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.


    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From SH@21:1/5 to The Todal on Fri Jun 6 12:51:35 2025
    On 05/06/2025 10:02, The Todal wrote:
    On 05/06/2025 08:53, Nick Odell wrote:
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-
    owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2]
    as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.


    Thanks for the links. What stands out for me is that the claimant, Mr Changizi, represented himself as a litigant in person in his futile
    attempt to argue that the existing law was wrong.

    Thank goodness he didn't have an incompetent lawyer telling him he had a chance of winning.

    https://www.bailii.org/ew/cases/EWHC/Ch/2021/1659.html


    having read the proceedings, AIUI, the father died and left money to his
    3 children.

    It appears that his estate was over the IHT limit so IHT would have been
    due.

    However, two of the children did a deed of variation on their legacy effectively handing their legacy to their mother. SO that took their
    legacies out of scope for any liability to IHT as legacies left to
    spouses are IHT exempt.

    The 3rd refused to do the same and this led to the court cases as there
    was an argument over who was liable for the IHT bill and the IHT bill on
    his less than 7 year old PET gift.

    This at first glance appears to be a way of minimsing the IHT bill there
    and then.

    What I struggle to understand (apart from love for their mother) is the
    point behind doing this as eventually the surviving spouse will pass away.

    If the legacies are passed back to the 2 children via the 2nd will, they
    will still have a IHT liability unless its all been spent in the
    meantime or if its been invested, an even bigger liability and also the
    estate at 2nd death could possibly be bigger than at 1st death?

    And whats to stop the survivng spouse from remarrying and leaving it all
    to the new partner?

    The only way I can see it making sense if the spouse was several decades younger and thus the mother could pass it back as a PET gift and hope to
    live for a further 7 more years?

    Or would it be used to invest for income and the surplus income
    distributed to the children as this would be outside the scope for IHT
    or the 7 year rule?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to i.love@spam.com on Fri Jun 6 12:01:58 2025
    On 6 Jun 2025 at 12:51:35 BST, "SH" <i.love@spam.com> wrote:

    On 05/06/2025 10:02, The Todal wrote:
    On 05/06/2025 08:53, Nick Odell wrote:
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-
    owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2]
    as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.


    Thanks for the links. What stands out for me is that the claimant, Mr
    Changizi, represented himself as a litigant in person in his futile
    attempt to argue that the existing law was wrong.

    Thank goodness he didn't have an incompetent lawyer telling him he had a
    chance of winning.

    https://www.bailii.org/ew/cases/EWHC/Ch/2021/1659.html


    having read the proceedings, AIUI, the father died and left money to his
    3 children.

    It appears that his estate was over the IHT limit so IHT would have been
    due.

    However, two of the children did a deed of variation on their legacy effectively handing their legacy to their mother. SO that took their
    legacies out of scope for any liability to IHT as legacies left to
    spouses are IHT exempt.

    The 3rd refused to do the same and this led to the court cases as there
    was an argument over who was liable for the IHT bill and the IHT bill on
    his less than 7 year old PET gift.

    This at first glance appears to be a way of minimsing the IHT bill there
    and then.

    What I struggle to understand (apart from love for their mother) is the
    point behind doing this as eventually the surviving spouse will pass away.

    If the legacies are passed back to the 2 children via the 2nd will, they
    will still have a IHT liability unless its all been spent in the
    meantime or if its been invested, an even bigger liability and also the estate at 2nd death could possibly be bigger than at 1st death?

    And whats to stop the survivng spouse from remarrying and leaving it all
    to the new partner?

    The only way I can see it making sense if the spouse was several decades younger and thus the mother could pass it back as a PET gift and hope to
    live for a further 7 more years?

    Or would it be used to invest for income and the surplus income
    distributed to the children as this would be outside the scope for IHT
    or the 7 year rule?

    There is (in general, I don't claim knowledge of this case) the point that on the second death the exempt amount doubles to 650,000, with an automatic
    saving of 40% of 325,000. As well as the possibility of further exempt gifts.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Brian@21:1/5 to Roger Hayter on Fri Jun 6 17:51:09 2025
    Roger Hayter <roger@hayter.org> wrote:
    On 6 Jun 2025 at 12:51:35 BST, "SH" <i.love@spam.com> wrote:

    On 05/06/2025 10:02, The Todal wrote:
    On 05/06/2025 08:53, Nick Odell wrote:
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-
    owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2]
    as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.


    Thanks for the links. What stands out for me is that the claimant, Mr
    Changizi, represented himself as a litigant in person in his futile
    attempt to argue that the existing law was wrong.

    Thank goodness he didn't have an incompetent lawyer telling him he had a >>> chance of winning.

    https://www.bailii.org/ew/cases/EWHC/Ch/2021/1659.html


    having read the proceedings, AIUI, the father died and left money to his
    3 children.

    It appears that his estate was over the IHT limit so IHT would have been
    due.

    However, two of the children did a deed of variation on their legacy
    effectively handing their legacy to their mother. SO that took their
    legacies out of scope for any liability to IHT as legacies left to
    spouses are IHT exempt.

    The 3rd refused to do the same and this led to the court cases as there
    was an argument over who was liable for the IHT bill and the IHT bill on
    his less than 7 year old PET gift.

    This at first glance appears to be a way of minimsing the IHT bill there
    and then.

    What I struggle to understand (apart from love for their mother) is the
    point behind doing this as eventually the surviving spouse will pass away. >>
    If the legacies are passed back to the 2 children via the 2nd will, they
    will still have a IHT liability unless its all been spent in the
    meantime or if its been invested, an even bigger liability and also the
    estate at 2nd death could possibly be bigger than at 1st death?

    And whats to stop the survivng spouse from remarrying and leaving it all
    to the new partner?

    The only way I can see it making sense if the spouse was several decades
    younger and thus the mother could pass it back as a PET gift and hope to
    live for a further 7 more years?

    Or would it be used to invest for income and the surplus income
    distributed to the children as this would be outside the scope for IHT
    or the 7 year rule?

    There is (in general, I don't claim knowledge of this case) the point that on the second death the exempt amount doubles to 650,000, with an automatic saving of 40% of 325,000. As well as the possibility of further exempt gifts.


    Your logic seems, partly correct.

    Depending on the numbers, some / all of the husband’s allowance will have been ‘used’ if the third child had ‘kept’ their inheritance, only any ‘spare’ left would pass to the wife for (possible) later use.

    That said, the scope for gifts if she lives more than 7 years is unlimited.
    Likewise, she could invest and make gifts from the income PROVIDED she can demonstrate those gifts don’t reduce her standard of living. ( Gifts from such income are free of IHT and there is no limit, no 7 year rule etc. )

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to All on Sat Jun 7 09:09:11 2025
    What I never understand about these cases, is how can the estate be used
    for legal fees concerned with it's own dispersal ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From SH@21:1/5 to Brian on Sat Jun 7 14:57:27 2025
    On 06/06/2025 18:51, Brian wrote:
    Roger Hayter <roger@hayter.org> wrote:
    On 6 Jun 2025 at 12:51:35 BST, "SH" <i.love@spam.com> wrote:

    On 05/06/2025 10:02, The Todal wrote:
    On 05/06/2025 08:53, Nick Odell wrote:
    https://www.telegraph.co.uk/money/son-wipes-out-inheritance-and-
    owes-100k-after-family-feud/
    [1]

    or archive version for non-subscribers:
    https://archive.is/NgOqn

    Nick
    [1]Let's see if I get as many brickbats for quoting the Telegraph[2] >>>>> as I did for the Guardian in a previous thread
    [2]The Daily T's turned a tad (more) White Supremacist[3] over the
    past couple of days so I jolly well ought to.
    [3]Or Great Replacement theorist - take your pick.


    Thanks for the links. What stands out for me is that the claimant, Mr
    Changizi, represented himself as a litigant in person in his futile
    attempt to argue that the existing law was wrong.

    Thank goodness he didn't have an incompetent lawyer telling him he had a >>>> chance of winning.

    https://www.bailii.org/ew/cases/EWHC/Ch/2021/1659.html


    having read the proceedings, AIUI, the father died and left money to his >>> 3 children.

    It appears that his estate was over the IHT limit so IHT would have been >>> due.

    However, two of the children did a deed of variation on their legacy
    effectively handing their legacy to their mother. SO that took their
    legacies out of scope for any liability to IHT as legacies left to
    spouses are IHT exempt.

    The 3rd refused to do the same and this led to the court cases as there
    was an argument over who was liable for the IHT bill and the IHT bill on >>> his less than 7 year old PET gift.

    This at first glance appears to be a way of minimsing the IHT bill there >>> and then.

    What I struggle to understand (apart from love for their mother) is the
    point behind doing this as eventually the surviving spouse will pass away. >>>
    If the legacies are passed back to the 2 children via the 2nd will, they >>> will still have a IHT liability unless its all been spent in the
    meantime or if its been invested, an even bigger liability and also the
    estate at 2nd death could possibly be bigger than at 1st death?

    And whats to stop the survivng spouse from remarrying and leaving it all >>> to the new partner?

    The only way I can see it making sense if the spouse was several decades >>> younger and thus the mother could pass it back as a PET gift and hope to >>> live for a further 7 more years?

    Or would it be used to invest for income and the surplus income
    distributed to the children as this would be outside the scope for IHT
    or the 7 year rule?

    There is (in general, I don't claim knowledge of this case) the point that on
    the second death the exempt amount doubles to 650,000, with an automatic
    saving of 40% of 325,000. As well as the possibility of further exempt gifts.


    Your logic seems, partly correct.

    Depending on the numbers, some / all of the husband’s allowance will have been ‘used’ if the third child had ‘kept’ their inheritance, only any ‘spare’ left would pass to the wife for (possible) later use.

    That said, the scope for gifts if she lives more than 7 years is unlimited.
    Likewise, she could invest and make gifts from the income PROVIDED she can demonstrate those gifts don’t reduce her standard of living. ( Gifts from such income are free of IHT and there is no limit, no 7 year rule etc. )

    If the surviving spouse had assets in excess of their IHT allowance then
    doing a deed of variation still does not make sense as all you are doing
    is deferring the IHT due. In fact, you also run the risk of losing the
    RNRB if total estate value at 2nd death exceeds £2m. The RNRB is then
    totally gone once you get up to £2.7m.

    The only thing that makes sense is where the surviving spouse had
    negligible assets of their own so passing assets from children to
    surviving spouse then makes sense as the IHT allowances are then
    effectively doubled up at the surviving spouse's own death so reducing
    or even eliminating the IHT due at furst death had the children kept
    their legacies.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to All on Sat Jun 7 17:25:02 2025
    On 07/06/2025 10:09, Jethro_uk wrote:
    What I never understand about these cases, is how can the estate be used
    for legal fees concerned with it's own dispersal ?


    The trustees (executors) are usually caught in the middle, and they are entitled to recoup their costs from the estate. Unlike other litigants,
    they are usually allowed their costs on an indemnity basis.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to All on Sat Jun 7 17:32:08 2025
    On 07/06/2025 14:57, SH wrote:

    If the surviving spouse had assets in excess of their IHT allowance then doing a deed of variation still does not make sense as all you are doing
    is deferring the IHT due.

    The surviving spouse can make lifetime gifts, and hopefully survive them
    by 7 years.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Sun Jun 8 11:51:57 2025
    On 2025-06-07, GB <NOTsomeone@microsoft.invalid> wrote:
    On 07/06/2025 14:57, SH wrote:
    If the surviving spouse had assets in excess of their IHT allowance then
    doing a deed of variation still does not make sense as all you are doing
    is deferring the IHT due.

    The surviving spouse can make lifetime gifts, and hopefully survive them
    by 7 years.

    They only need to survive them by 3 years for it to be beneficial,
    of course, due to taper relief.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)