The client sought advice regarding a complex family dispute involving co-ownership of property with his mother and longstanding financial concerns surrounding his brother. Years ago, the client’s late father transferred assets—believed to be worth approximately £600,000—into the brother’s name to mitigate inheritance tax exposure. Despite receiving funds intended for tax payments, the brother allegedly used the money for investment purposes and continued to demand financial support from both parents. Following the father’s death in 2021, the client and his brother were appointed joint executors of the estate. The client settled his own inheritance tax obligations, while his brother’s liability—initially £90,000—has since increased to £120,000 due to non-payment. The brother has also borrowed £67,000 from their mother for various debts, including CCJs, a vehicle purchase, and personal tax arrears. The mother, described as emotionally vulnerable to her son’s influence, relocated from Sussex to Rotheby following her husband’s death and purchased a property now valued at £40,000. The client owns his own home outright and holds £360,000 in cash. He expressed concern about the potential for HMRC enforcement action and the implications for his shared property interest.
The client was primarily concerned about his legal rights and protections as a co-owner of a property held under a tenants in common arrangement with his mother, particularly in light of his brother’s escalating debts and HMRC’s pursuit of unpaid tax. He alleged a pattern of financial manipulation by his brother, who had borrowed extensively from both parents without resolution or accountability. The client sought clarity on how to safeguard his interest in the property, ensure proper administration of the estate, and protect his mother from further financial exposure.
Initial advice focused on clarifying the client’s legal position in relation to the co-owned property and the potential risks posed by his brother’s financial conduct. The client was advised to consider formalising the ownership structure and exploring protective measures to ring-fence his interest. Guidance was also provided on the administration of the estate, including the responsibilities of joint executors and the implications of unpaid inheritance tax. The client was invited to arrange a consultation, either virtually or in person, to explore the matter in greater detail and discuss next steps.
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