Seriously fed up

poppasmurf_bewdley

Brock_and_Roll wrote: »

Whilst I agree with other posters that it is probably none of the OPs business, in theory the executor could enforce the debt - he/she has a legal duty to gather all assets of the estate and this includes money owed through loans.


The executor would have to demonstrate that such a loan existed - this could be possible as presumably bank historic statements would show lump sums going out then regular smaller amounts coming back in. It would be a very brave person to stand in court and potentially perjure themselves by denying the existence of a loan.

This is correct and how it should be.

If the Aunt is able, she should make a signed and witnessed list of who she has loaned what to, and hand it to her Executor. The Executor can then adjust any inheritance to take account any money lent and not paid back when the time comes.

I know from my own family history that my old granny lent me £75 to repair my car after it had been damaged when parked. She told no one about the loan, and I owned up the day she died. Both my Dad and his Brother (as joint Executors) agreed that it was just written off.