Will advice (problem)

Muscle750

Sadly a few weeks ago I lost my father myself and my sister are both listed as trustees of his will basically keeping it very short we have to apply for probate and we have to set up a ecexcutors bank acct the total value of the estate inc sale of the deceased house will be approx £270k
When our parents bought the house my sister lent them a sum of money as the house they wanted would have left them short anyway my mother told me that they had lender them some money and that they were paying them back over 18 months
When the 18 months was up my mother told me that he loan was repaid during the course of the 18 months my sister also told me that the money lent was being repaid.
Yesterday my sister informed me that the money that they lent them is still outstanding and that this amount will be deducted before the estate can be distributed he will itself is split 3 ways I get a third as does she and he 6 children we have 3 each the last third gets split into 6 and they get a 1/6 each which they can't have till they are 21 which only will effect one as the others are all past 21
I have no documentation that the loan was repaid I've been to the bank and they said that they hold records for 10 years which is within the time that the money was lent
I don't want to fallout with her but end of it she's effectively robbing her own children and mine and me if she's not being straight
Best part is they got money coming their ears own multiple properties etc
Only way I can see is to get a solicitor and get a investigation into the bank acct transactions and see if there is a SO or Dd paid to her monthly over the 18 month period
I'm far from happy with the situation one thing I didn't say was that our mother is also no longer with us please excuse the spelling as well

BitterAndTwisted

Never mind the documentation to say the loan was repaid! Is there any documentation to say that a loan was ever made to your parents? Like a loan agreement signed by both parties. Otherwise it was a gift.

It seems that a falling-out is inevitable given how your sister is behaving. BUT as executors of the will you are duty-bound to carry out the instructions in it. If there is no acknowledgement in the will of the loan still being outstanding your sister will not be able to claim any money from the estate if there's no loan agreement. By the same token you could now claim that you loaned your parents the whole £270k without any evidence of it having been made and agreed. By the way, I lent your Dad a tenner in the pub and I'd like it back now as well.

How much was this alleged loan anyway?

Muscle750

The loan was for £20k both our parents hated owing anyone money and my mother as I said told me that the loan was repaid thing is I'm not in a financial position to instruct a solicitor prior to the estate being divided but I would have thought that the solicitor dealing with the estate would not repay the money to her without some form of documentation or me agreeing to it but if I contest it and she can't come up with hard evidence after she swore on oath in relation to probate I think she may well be on a rather sticky wicket especially if I can get evidence however if I do and the acct shows repayments being made what's to say they were paying her for something else even a gift or something else

Treevo

I'm not sure what your sister having multiple properties or money coming out of her ears has to do with anything. Just seems spiteful and petty to mention it.

Get hold of your parents' bank statements and see how much (if anything) they paid back. You may have to face the possibility that your mother told you what you wanted to hear, rather than the facts of the situation. If your sister is owed money then she should have it repaid.

Muscle750

Plus I haven't mentioned that my mother wrote down in a book the things that she wanted each of us to have there are some paintings and old vases etc yet according to my sister this has "disappeared " even thou I know it was on the table in the house two weeks ago when I was there

BitterAndTwisted

Your mother's "little book" is irrelevant. If she specifically wanted people to have certain things she should have left them mentioned in her will. Your mother's things became your father's when she died if she didn't bequeath them to anyone.


"I would have thought that the solicitor dealing with the estate would not repay the money to her without some form of documentation"


You are correct. Even if you both agreed between yourselves that this money was owing to your sister the solicitor would not dare to pay it over without documentary evidence that it was owed. Like a jointly-signed agreement.

Yorkie1

BitterAndTwisted wrote: »

Never mind the documentation to say the loan was repaid! Is there any documentation to say that a loan was ever made to your parents? Like a loan agreement signed by both parties. Otherwise it was a gift.

It seems that a falling-out is inevitable given how your sister is behaving. BUT as executors of the will you are duty-bound to carry out the instructions in it. If there is no acknowledgement in the will of the loan still being outstanding your sister will not be able to claim any money from the estate if there's no loan agreement. By the same token you could now claim that you loaned your parents the whole £270k without any evidence of it having been made and agreed. By the way, I lent your Dad a tenner in the pub and I'd like it back now as well.

How much was this alleged loan anyway?

B&T is right.

The bit in (my) bold font is the only relevant thing here legally.

She cannot just decide unilaterally to deduct an amount without the agreement of all beneficiaries or documentary evidence of a) the loan and b) the repayments schedule - which would then come off the estate value before distribution, I think.

meritaten

B& T is right - unless there is documentation to prove a loan - your sis cannot charge it against the estate.
The will has to be distributed as per instructions. You cannot have people saying 'oh but they owed me £XXXX, without PROOF! it just doesn't work like that!

getmore4less

AIUI as well as ther being evidence of thew loan there also needs to be evidence that the loan is repayable eg a schedule of payments a date or on demand.

You can do the investigations yourself

but first step migh be to try to agree that because there is a dispute that you hand over administration to a solicitor that way the fees come from the estate.

If she will not agree to that and insists on doing probate yourselves then it could get messy.