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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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Niggle44

Stipulations in a will

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My daughter has recently been left a large sum of money and we have been advised that the will stipulates the funds are paid to and held by my wife.

 

The funds are to be used to help our daughter purchase a property for herself and her children. Whilst the idea is very well intentioned our daughter would like to use some of the funds to help out with immediate needs for herself and family.

 

How legally restrained is my wife in releasing funds ?. (we have not seen the will itself and have only received a letter from the executing solicitor saying how much money , how it is supposed to be used and a request for suitable banking details for them to transfer the funds).

There is also a concern as to whether such a large sum appearing in our bank will be seen as income and the tax man get involved. ( will banks create a trust fund account ?)

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Ask the Executing Solicitor for a copy of the Will and his understanding of the Deceased's reasoning.

Deceased may have thought your dau may fritter away the Capital sum , without parental oversight.

You may need Court approval to vary the Terms of the Will.

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My daughter has recently been left a large sum of money and we have been advised that the will stipulates the funds are paid to and held by my wife.

 

There is also a concern as to whether such a large sum appearing in our bank will be seen as income and the tax man get involved. ( will banks create a trust fund account ?)

 

Without knowing the exact wording of the will, it sound like your wife is being nominated as a trustee to oversee the funds. I would recommend taking qualified legal advice on how to set up and manage a trust. Properly set up, there shouldn't be any tax implications for anyone involved.


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No... you can't eat my brain just yet. I need it a little while longer.

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It's an unusual provision when the beneficiary is an adult. Was the Will originally written when your daughter was a minor?

 

 

Once Probate has been granted, which it presumably has in this case, a Will is a public document. If you want to check out what it says without asking the solicitor for it see if it's on here https://www.gov.uk/search-will-probate Wills should be on there 14 days after Probate is issued. Costs £10. Says it can take up to 2 weeks to send you a copy (which is done by a downloadable pdf) but when I've used it it only took a few days. Subsequently ask the solicitor dealing with the Estate for certified copy of the Will. This will be asked for when you open an account for the money.

 

 

Your wife needs to get advice (from her own Solicitor, not the one acting for the Estate) on what sort of Trust has been set up by the Will and what her obligations are as a Trustee. Especially as it involves a large sum of money. The legal constraints on releasing funds to the beneficiary (your daughter) will depend both on what the Will says and the type of Trust that has been established. Independent legal advice is essential. Your question cannot be answered here.

 

I have been a Trustee under a trust set up by a Will and it's very complex. Not only does the trusteeship of the funds have lots of legal issues your wife will also have to register the Trust with the HMRC Trusts and Estates office in Nottingham and complete annual tax returns for the Trust funds. I thought I was reasonably clued up on HMRC and tax until I became a Trustee of a trust set up under a Will. I wouldn't do it again! Nightmare and very time consuming. I'd pay a solicitor or accountant to prepare the tax returns another time. Even if the Trust has been properly set up (which might turn out to be a big assumption) I wouldn't agree with the comment that there should be no tax implications. Not in my experience, anyway. Professional advice needed. However, your experience may be much simpler than mine, - I hope so anyway. I had to run the Trust for 5 years until the beneficiary reached a certain age. If you are able to transfer all the money to your daughter almost immediately and then wind up the Trust all in the same tax year it should be a lot simpler than it was for me.

 

When your wife is appointing a solicitor to advise her she should talk to several local firms and find one that has a specialist Partner in Trust and Probate. Many small solicitors firms don't.

 

 

Banks will open an account in the name of the trust fund. Go in and see your local branch. I'd like to say it was straightforward but when I did it was an infuriating process. The local branch I opened it at turned out to have zero understanding of what a Trust was, let alone how to set the account up on their system! Under money laundering regulations they will, I am sure, want to know the source of the funds. However, the solicitor dealing with the Estate can provide a letter confirming its source. They will also need to see the Will. My local bank also insisted on the Death Certificate as well as Probate document, despite me pointing out that the Probate Registry doesn't grant Probate unless they know the person is dead! The bank didn't understand that either....

 

 

Do not pay the funds into your own/your wife's personal bank accounts. Trustees must keep Trust funds separate from their own money. Funds must not be commingled, open the account before accepting a transfer from the Estate solicitor.

 

Good luck!

 

PS The Will may not give the Trust a name in which case you'll need to name it yourself to open an account and to run the affairs of the Trust. My solicitor said you can call it what you like but typically if the deceased was John Smith you'd name it 'The John Smith Will Trust'

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I wouldn't agree with the comment that there should be no tax implications. Not in my experience, anyway. Professional advice needed.

 

 

I should have been a little more specific. There shouldn't be any tax implications for the wife or daughter. The trust may well be subject to tax, and I totally agree that professional advice is essential.


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I agree Mr P. Certainly for OP's wife, if her sole role is Trustee there shouldn't be any implications for her personal tax as none of the money is hers. She only holds it on trust for the beneficiary. That underlines why it is important to keep Trust funds completely separate from the Trustee's own money, different bank accounts etc. The beneficiary (daughter's) position needs advice but hopefully won't have tax implications if it's being left as a capital sum (that isn't tax advice :-) ). In general legacies received under a Will are not taxable as income.

 

The tax position of the Trust itself, I have learned from my experience, could be anything from very simple to a nightmare! Definitely needs professional advice.

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The problem I see is that unless she finds a property of exactly the amount of the inheritance, there's no explanation in the will about what to do with leftover money.

Could she buy a cheaper property and use the surplus to redecorate it or buy furniture?

Professional advice needed, I agree.

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"My daughter has recently been left a large sum of money and we have been advised that the will stipulates the funds are paid to and held by my wife".

 

Who said anything about Trusts, if your wife was a trustee she would already know about it. All the answers above are overly complicated. Your wife receives the money, gives it to your Daughter. No one should know.

Only God will know it wasn't used for its intended purpose.

 

Except you just posted it on a public forum.................................................

 

H


40 years at the pointy end of the motor trade. :eek:

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"My daughter has recently been left a large sum of money and we have been advised that the will stipulates the funds are paid to and held by my wife".

 

Who said anything about Trusts, if your wife was a trustee she would already know about it.

 

 

"...paid to and held by my wife" is a perfect example of the legal definition of a Trust!

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Personally, I would ask the solicitor for a copy of the will or at least a copy of the provisions relating to your wife and daughter.

 

Hopefully this will all become much clearer when you know the exact wording of the will. Your wife can then make an informed decision as to whether she requires professional advice or not.

 

If this is a 'bare trust', which may be the case if the daughter is the only beneficiary, the daughter would be legally entitled to require your wife to transfer the money to her anyway. Unless the will says something unusual I suspect there will be no issue with transferring the money to the daughter now.

 

I don't see how the tax man would get involved as this is clearly an inheritance rather than income, the solicitor's letter is more than enough proof of that.


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