Loan payback when person has died

elca

Can anyone advise - my father loaned a sum of money from his brother. Before it was paid back my father died (12 years ago),
my grandmother has recently died with no will in place so as her son's dependant his share is split between me and my sister. There was an original will which stated the sum would be taken from our share and passed to my uncle, however my grandparents decided to cancel this will and didnt make another.
Can he legally reclaim this from us as I would have thought the claim should have been made 12 years ago from my fathers estate. There are trust issues already with our uncle.

browneyedbazzi

My understanding is that the claim should have been made against your father's estate. The money in your grandmother's will isn't your father's anyway - it would have been if he was alive, but since he isn't you are now the beneficiary.

Also, I'm not an expert but I think your uncle is now well outside the 6 year limitation for recovering a debt so long as you or your siblings haven't acknowledged or made payments on the debt since your father died. There's a lot more information about the limitations etc on the Debt Free Wannabe part of the forum that may be helpful.

daska

If the existing will was genuinely cancelled then the rules of intestacy apply and nothing that may or may not have been in any previous will has any legal standing. N.B. My understanding is that if there is no valid witnessed statement or replacement will stating the previous will to be null or void the original has to have been cut or burnt to legally destroy it - or it could be considered to still be valid.

I would have thought 12 years was pushing it but I really have no idea.

scooby088

I believe the will, will still be legally enforceable unless another will was made and revoking the last will. If you know the solicitor who had made the original will I either get in touch with them or get your solicitor dealing with the estate.

Mojisola

There's a difference between what's legal and what's moral.

Morally - if your father borrowed the money and didn't pay it back, wouldn't you want to put that right? How would you feel if you were the person who had lent the money?

shabba1234

Mojisola wrote: »

There's a difference between what's legal and what's moral.

Morally - if your father borrowed the money and didn't pay it back, wouldn't you want to put that right? How would you feel if you were the person who had lent the money?

We have considered the moral reasons but this person isshowing pure Financial greed that’s why we are endeavoring to find a solution legally!
:mad:

Mojisola

shabba1234 wrote: »

We have considered the moral reasons but this person isshowing pure Financial greed that’s why we are endeavoring to find a solution legally!
:mad:

Unless you think that asking for money back that was loaned to a relative is greed, there must be more to this than you're telling us - in which case our answers aren't going to be very helpful.

getmore4less

The starting point is back to the terms of the loan and the fathers estate and who did that administration.

Why was the debt not repaid then.

Was there a will?

getmore4less

elca wrote: »

Can anyone advise - my father loaned a sum of money from his brother. Before it was paid back my father died (12 years ago),
my grandmother has recently died with no will in place so as her son's dependant his share is split between me and my sister. There was an original will which stated the sum would be taken from our share and passed to my uncle, however my grandparents decided to cancel this will and didnt make another.
Can he legally reclaim this from us as I would have thought the claim should have been made 12 years ago from my fathers estate. There are trust issues already with our uncle.

shabba1234 wrote: »

We have considered the moral reasons but this person isshowing pure Financial greed that’s why we are endeavoring to find a solution legally!
:mad:

why the name change?

elca

Hi thanks for the reply's - the loan wasnt repaid as my father died before he was able to. As far as I am aware no request was made to recover the loan from his estate 12 years ago.
With regards to the moral aspect I would agree - although i have stated the trust issues with my uncle, when our grandmother left the house a large sum of money (alot more than the loan) was found which we were unaware of until 3 years later when he came clean and gave us a token gesture! He admitted he was wrong but we didnt get a fair share then - what else has been taken out of the estate without our knowledge.

shabba1234

Sorry to confuse and I’ll keep it brief, I am also a beneficiary(sister of elca)

There are also other claims being made on the (Greedy)uncles statement of liabilities that have not been discussed…..he has been to asolicitor and got letters of administration without informing any beneficiaries