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    • This is submitted by My Father with my full permission     Diary of Sweden 2019 to date Last update 23/06/2021   Document list: Letter from Transport Styrelsen 290519 Letter to Transport Styrelsen 141220 Certificate from Kronofogden sent 150520 received 130221 Essex magistrates letter 120221 Documents received 130221 in Swedish Letter from Kronofogden sent 150520 received 130221 Letter from Kronofogden 150321 Letter with new hearing date 060421 Notes on appearing in court Swedish translation   Data between inverted commas is file name   15th May 2019 I was stopped at the border having arrived from Denmark. I was several hours behind other drivers in our convoy of articulated trucks You need to add what happened to you include tests and results where you were taken how long held what they did with truck including damage when they moved it. Did they speak to you in English at all times, was their English understandable, was any paperwork translated into an English hard copy, were you given option of having English translations When were you released including taking you licence away. Did they offer any assistance? Were you offered the assistance of a legal representative and legal aid.     The only part in the English Language is “Letter from Transport Styrelsen 290519” and that was about 5 lines on the second page saying I could send a statement to not lose my driving licence rights in Sweden All other paperwork sent to Chelmsford address is in Swedish only so no idea what the charges were and I was not at any stage offered the services of a translator. The “Essex magistrates letter of 120221” point 6 says I was offered the chance of a reply. That was only true if I could speak Swedish. I have tried running all the paperwork sent to me through a translator and it makes no sense whatever.   The statement they have sent to court Documents received 130221 in Swedish are wrong, I was not given the right to reply, just said I could make a statement about retaining my right to drive in Sweden. This was the only opportunity I had to defend myself. In the “Letter from Kronofogden sent 150520 received 130221” sent with the Essex Magistrates letters was dated 15/05/2020 is that now out of date for action, also that’s in English so there is no excuse for other documentation not to be in English Kronofogden states that no letters were returned to them, this is not true as my father sent at least two of them back as Not at this address as I have moved twice since this incident In the “Certificate from Kronofogden sent 150520 received 130221” it states I was Drunk driving, that is not true as I was breathalysed and that read completely clean, I was not given results of blood and urine tests. The Certificate does not split up the fines for the two offences, only the fine and the Sum of money to the Public Fund. On the European framework list that was sent to me in document "Essex magistrates letter 120221" and also the Certificate the only offence was 34. Smuggling of goods. Drunk driving was not one of the offences to be included on the list, therefore I should not have to pay the full amount and as the amounts only show total for fines and not each offence separately I should not have to pay total amount I should only pay the fine for the offence of smuggling. As they have not itemised fines then this should be dismissed. If not please ask for time to pay after looking at my financial statement.   11th May 2021 Attended magistrates court with my father who had much of the information and understanding of the correspondence. He was stopped at the entrance and refused entry, they then ushered me in straight up to wait outside the courtroom so I could not get the information from my Father. This was stated as Covid rules; the legal people arrived and just walked through with no questions asked. One Paralegal (who happened to be black) was stopped and refused entry even though she arrived with her client, there was a huge argument and the Court manager was requested by the paralegal. This is not the way to give justice to people. In the “Certificate from Kronofogden sent 150520 received 130221” it states I was Drunk driving, that is not true as I was breathalysed and that read completely clean, I was not given results of blood and urine tests. The Certificate does not split up the fines for the two offences, only the fine and the Sum of money to the Public Fund. On the European framework list that was sent to me in document "Essex magistrates letter 120221" and also the Certificate the only offence was 34. Smuggling of goods. Drunk driving was not one of the offences to be included on the list, therefore I should not have to pay the full amount and as the amounts only show total for fines and not each offence separately I should not have to pay total amount I should only pay the fine for the offence of smuggling. As they have not itemised fines then this should be dismissed. The Magistrate stated that they were not concerned with original case where the fine was given only this one, so judgement was given against me. They said the judgement would be sent to me   To present: I have up to present not received a copy of the judgement I have had three copies of further action sent to me, one at my old address and when I informed them again (as I did in court} they sent another two copies of the further action letter to me.   Letter from Transport Styrelsen 290519.docx Letter from Transport Styrelsen 290519.pdf Letter re further steps notice 020621.pdf Letter to Essex enforcement office 160621.doc Letter to Transport Styrelsen 141220.docx Letter with new hearing date 060421.pdf Notes on appearing in court.pdf Queries for solicitor.docx Swedish translations.docx Certificate from Kronofogden sent 150520 received 130221.pdf Documents received 130221 in Swedish.pdf Essex magistrates letter 120221.pdf Letter from Kronofogden 150321.pdf
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    • Hi Andy I refer to the attached, please can you advise I will be able to rectify any issues tomorrow evening now, please   can you confirm if this is in order, as I anticipate to send the documents by email before the deadline on Friday once I have completed all the work as I am in between work and meetings at the moment. WS Amended as per advice..docx exhibit bundle.docx
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Leaving property in a will with conditions.


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Hi,

 

I am the sole owner of our family home, where I live with  my partner and our two children. My partner has no interset in the property and we are not married.

 

I had planned to leave the house to my partner in the event of my death and ultimately it will be passed to our children when he dies (my current will leaves it to him), but he has recently had some financial difficulties. I do not want to leave a house to him that will then be used to settle his debts.

 

Can I leave the house to the children but state that he can remain in control of it unti lhis death. I say control rather than live in it because I want to potentially provide him with some flexibilty to maybe rent it out if he chooses or to sub let to supplement income.

 

Thanks for any advice

 

MH

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I'm no trust lawyer or have any particular experience with Wills – but yes you can.

You can leave it to your children with a life interest to your partner. That means that basically the children own the house in trust but whilst your partner is alive then he will have the beneficial interest in it to whatever extent you say and then it will revert to your children when he dies.

Tell him to watch his back!

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I'm also no tax lawyer – but I have a feeling that this would be very efficient thing to do – assuming that it is sufficiently valuable to incur inheritance tax. If you leave it to your husband then there will be inheritance tax. If he then leaves it to your children there will be more inheritance tax. My understanding is that if you leave it your children, there will be inheritance tax – but your partner won't have to pay any because he simply takes a life interest

All of this needs checking with somebody who knows

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It's just been pointed out to me by one of the site team – and I had forgotten – that there is no inheritance tax between spouses. I gather you are married – but on the other hand if you have had the children together then clearly you have a partnership which probably counts is the equivalent. I'm afraid that once again, I'm out of my depth – but it may well be that there would be no inheritance tax anyway.

However, the main answer is that yes you can leave your partner a life interest and then revert to the children

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12 hours ago, BankFodder said:

It's just been pointed out to me by one of the site team – and I had forgotten – that there is no inheritance tax between spouses. I gather you are married – but on the other hand if you have had the children together then clearly you have a partnership which probably counts is the equivalent. I'm afraid that once again, I'm out of my depth – but it may well be that there would be no inheritance tax anyway.

However, the main answer is that yes you can leave your partner a life interest and then revert to the children


OP states they are not married.

“common law marriage” isn’t recognised at law for inheritance tax (nor almost all legal situations)* [so there ain’t no such beast], though civil partnerships are.

 

Yes, sounds like OP wishes to will the legal interest in the property to the children, with a lifetime beneficial interest to the partner.

As the legal interest must be held as a joint tenancy rather than a tenancy in common : if the children (let’s say A and B) themselves have children (AA for A and BB for B),  if A or B die while holding the joint legal title it gets a bit more complex.

 

Testator dies. A & B hold legal title, as joint tenancy, on trust for the partner who has a lifetime beneficial interest, with A & B gaining beneficial interest on partner’s death.

 

A dies. B solely holds legal title, on trust, for

partner’s lifetime beneficial interest, and themselves, but if AA gets a beneficial interest or not depends on the Will planning (I suspect that “to be shared equally” A& B’s beneficial interest will need to be held as tenants in common, rather than joint tenants)


* “Common law marriage” can be recognised for Trusts / Equity, not as a pure legal concept, but as an implied / constructive trust due to “shared intent”.

 

It’s a good long while since I studied this, so am happy to be corrected!, and I suspect the OP should get advice on Will planning / if it is best to form a Trust to achieve their intent.

Edited by BazzaS
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If the estate(s) (& especially if the property!) exceed the inheritance tax threshold : proper estate planning will be key to avoiding multiple IHT hits .....

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Hi, I did exactly this with my property in a slightly different way, the good news is that it only took 2 visits to a quality Law Firm to get it how I wanted it and the whole thing cost under £300.

 

This my be of relevance to you as what I wanted to do was leave my partner, who has no financial interest in my property, the right to remain in it until she either died or no longer needed it.

 

I could not leave the property to her and be sure that she would pass it on to my relatives once she was gone, as she has 2 hideous money grabbing children and an equally hideous ex husband who has never accepted that he and my partner are divorced.

 

As above the Will stated that the property was to be held in Trust made up of the beneficiaries that I ultimately wanted the property to go to and they would allow my partner to live in it or move and down size with caveats such as any capital from downsizing not used to renovate another property must go into into a Trust fund administered by the same Trust and money would not be released other than for specific reasons.

 

This was the only way to ensure that the minute I croaked the hideous children who have hated me from day one could not come holding their hands out for a payout.

 

I would add to this that after agreeing this with my partner and her understanding the reasons why (the kids have been truly awful to me yet I have helped them out several times), she left about a year later with no notice and no reason given, I just came home one day and she'd gone. It seems that she told the kids what I'd done and they, knowing they would receive no benefit, stepped up their pressure and she caved in and left.

 

Upsetting at the time but life is so much better when you are not surrounded by hateful people and my law firm changed my will to a simple will leaving everything to my relatives for less than £100.

 

 

 

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Thanks everyone.

 

Homer67, thank you specifically as that seems precicely what Ii want to do; I want him to be able to control, downsize if necessary, rent it out if he chooses etc for his own benefit, but ultimately pass it on to the kids (who are also his, and this is his wish too). Basically I want him to be able to behave as if its his house, but without the risk of it actually being his.

 

Any further thought are also much appreciated.

 

MH

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