Money Moral Dilemma: Should I ask my uncle to pay his debt?

JosephK

As several have already pointed out, it's not a case of whether anyone wants to write the debt off or not. It is part of the estate and the executor or administrator has a legal duty to include it to be dealt with according to the terms of the will (or intestacy laws if no will).

19lottie82

Can you actually prove that your uncle owed this money to your dad? A scrap of paper with a handwritten note saying so isn't going to cut it!
If not then you're not going to get anywhere if your uncle drags his heels.

That aside, personally I wouldn't ask for it back, no.
Chances are it's only going to cause bad blood. Is it really worth it for £500?

BaldacchinoR

I agree with those why say the loan should be repaid, as that was clearly the intention of Dad, since he wrote it down and told his son about it in case anything happened to him - could his intentions be any more clearer? I see no reason to raise doubts about his intention. I see no dilemma. We are not told if any dates were written down, which you would have expected if you are going to the trouble of recording the loan. No dates are mentioned at all. It is for the administrator of the will or the estate to use the written evidence to collect the repayments.

Yorkshireman99

BaldacchinoR wrote: »

I agree with those why say the loan should be repaid, as that was clearly the intention of Dad, since he wrote it down and told his son about it in case anything happened to him - could his intentions be any more clearer? I see no reason to raise doubts about his intention. I see no dilemma. We are not told if any dates were written down, which you would have expected if you are going to the trouble of recording the loan. No dates are mentioned at all. It is for the administrator of the will or the estate to use the written evidence to collect the repayments.

Or to deduct it from any legacy due to the uncle.

stmartinsdiver

Your father documented this debt as he obviously thought this might happen. Those posters who say that the uncle now owes the money to the estate of which you are an executor are absolutely correct. The suggestion of putting a formal request in writing for the uncle to repay the debt is also sound advice as this money is part of your late father's estate. Once you have completed the administration of the estate you are within your rights to 'vary' the bequests made in the will as long as any parties affected by this variation agree to the change. I.E. if you were the only beneficiary affected by redirecting any residual value in the estate which would otherwise have come to you, you can give this money to who ever you like. From the information given, it appears to me that your father did not want your uncle to benefit from his death by not repaying the loan and took appropriate steps to ensure that the Execurors were aware of this so they could reclaim the loan.

happyinflorida

What's your uncle's situation financially?

You will need to ask him why he has stopped paying the money as it is still owed.

How many people are inheriting from your father's will? I'm guessing there is a will?

The fact that your father told you about the loan and wrote down the details looks like he wanted this to be sorted out and for your uncle to repay the debt.

It might be better if he borrowed the money properly to repay his debt, like taking a loan out to do so.

It has to be done correctly though as this is an estate and legally the money is due to be repaid.

getmore4less

A key point that everyone has missed is the administrator in their legal capacity is a separate entity from themselves.

the concept of the debtor being an uncle does not exist.

Yorkshireman99

getmore4less wrote: »

A key point that everyone has missed is the administrator in their legal capacity is a separate entity from themselves.

the concept of the debtor being an uncle does not exist.

The uncle does owe the estate the amount.

getmore4less

Yorkshireman99 wrote: »

The uncle does owe the estate the amount.

you missed the point.

If the OP is acting as themselves(where the debtor is an uncle) then it is none of their business.

If they are acting as the administrator the questions should be something like "should I ask the deceased brother to repay a debt".

Yorkshireman99

Ah! I see what you mean. I thought the OP was the executor or likely administrator. Apologies.