Dispute of money previously gifted

[dcb]

So to cut a very long story short, my mum gave my sister and b-i-l the proceeds from her house sale so that they could buy a house big enough for her to move in to. She is youngish but needs a lot of care as she is essentially bed-bound. B-I-l was worried what would happen if it didn't work out as he didn't then want to have to sell house.

She reassured them that the money would still be theirs and she would rent somewhere or do 'something else'.

I didn't think it was a very sensible arrangement but they were doing it with best intentions. Essentially my mum wasn't managing on her own even with regular care and she hated her next door neighbour.

Background is she is estranged from her eldest child, now me and is treating my sister so badly it is untrue. Needless to say she divorced our dad when we were younger and made out that he was in the wrong and we weren't in touch for many years until recently, when we realised it was all lies. All through her life there were times when she wouldn't talk to her siblings for months on end.

I actually think she has Narcissistic Personality Disorder.

So, for the last 6-12 months, she has acted badly and made my sister and b-i-l's lives hell. They have been very patient - I would have thrown her out long ago.

She decided to move to my other sister's for a 'break' and has now announced she can't return to where she has been living. This younger sister is frightened not to do as she is told and seems to be going along with all of this.

Mum is now saying that she wasn't of sound mind when she signed the form to say that the money was a gift to my sister and had no claim over the house. She has told them that they need to put the house on the market and give her her money back.

She isn't particularly well and keeps telling everyone she only has a few months left to live (which whilst prob not true she prob hasn't got more than a few years at best).

My sister is worried sick. There is no reasoning with my mum. She has obviously planned this for a while.

The question is, not morally, but legally, can she force them to give her her money back.

(I understand that some of you may feel there is a moral obligation to give her money back, but she is so evil and has been so awful to live with that I think they actually deserve to keep it)

If the agreement at the time was an absolute gift I doubt your mother will find it very easy to prove she was of unsound mind at the time.

Wha does she want the money back for and has she given all 3 children exactly the same amount? If not I think your sister should make sure all 3 of you have had the same (morally anyway).

Also not sure of the amount but if over the inheritance tax (£325k?) limit 40% might be going to the Government in tax by the way if the mother dies soon (not relevant if her estate is under that).

Thanks v much for your reply. We all agreed at the time that my sister who was taking her in should have the money to help her to be looked after whilst she was alive rather than it becoming 'inheritance' and that it would always be hers.

Not sure what my mums plans are, she keeps saying she doesn't have long to live. Personally I believe my sister shouldn't have to pay it back after putting up with her for 2 years. Not sure what my others sis thinks as she's now not talking to us which is v sad. It's possible she has changed her mind and now wants money. I hate this, it's all so sad.

Someone else has told me informally it's v difficult to prove someone wasn't of sound mind retrospectively so it's reassuring to hear from someone on here too.