charge against a property question

lyndabill

a tricky one and I know nothing about it..
probate house has a charge against it from the deceased partner.
we have searched all banks for deceased persons accounts ( told he haf none by the partner) and from the ones we have found, no transfer of the sum occured from when the charge was added. so although there IS a charge on the title deed, if the loan didn't actually take place for some reason, how would one go about getting the charge removed. we don't have contact with the partner so will not be talking apart via solicitors ...... solicitor has written to partner asking for proof of loan from one bank account to another. if partner cannot supply proof that loan took place....what are our options please?

Slithery

lyndabill wrote: »

...has a charge against it from the deceased partner...
...we don't have contact with the partner...

I should blo⁣ody well hope not

...solicitor has written to partner...

Does the solicitor know that they are dead, or are they using a ouija-board?

I'd imagine that the [STRIKE]beneficiaries[/STRIKE] executors/administrators of the deceased's estate are now entitled to the proceeds of the charge, have you asked them what their position on all of this is?


Or did you possibly mean deceased's instead of deceased in your second sentence?

G_M

Slithery wrote: »

I'd imagine that the[STRIKE] beneficiaries[/STRIKE]Executors/administrators of the deceased are now entitled to the proceeds of the charge, have you asked them what their position on all of this is?

The beneficiaries re not responsible for either the debts or credits of the deceased's estate.


It is for the Executors to pay any debts and collect any credits owed, before distributing the Estate to the Beneficiaries.

CarrieVS

Is that the deceased partner - i.e. the partner of the owner has also passed away - or the deceased's partner,who is still living?

Slithery

Thanks G_M, that's obviously what I meant to post

G_M

Slithery wrote: »

Thanks G_M, that's obviously what I meant to post

I know that!
Was just clarifying for others.......!

lyndabill

a relative died. intestate. we are the executors and have probate for the estate which consists of a ramshackle house. the deceased lived in the house with his partner. he had a mortgage. the deceased brought the house before he met the partner. about 5 yrs ago there was a charge put on the house. the paperwork for the charge states it was a loan from the partner to the deceased. so far we have been unable to locate where the loan went. we think it may be a loan that didn't get as far as being transferred for some reason but was not removed from the title deeds. the partner so far has not offered proof that the loan happened ..... both parties bank statements. we have searched banks and not found the paper trail. the solicitor who added the charge said it was a personal transaction and had no bank details.
So any ideas on how not to pay a charge that did not financially exist!

Slithery

lyndabill wrote: »

So any ideas on how not to pay a charge that did not financially exist!

You have no proof that it didn't exist, it could have been a cash loan from funds that your relative's partner had been saving under the bed for years.

the partner so far has not offered proof that the loan happened

That's not their responsibility, it's up to you to prove that it didn't happen.

I'd say just pay up, it will probably be far cheaper than fighting and then loosing in court.

You may also want to edit the second sentence of your OP to read deceased's instead of deceased, and clean up some of the rest to be less ambiguous. This is one of those cases where a letter can completely change the meaning of a sentence.

lyndabill

sorry about the spelling.
We may not have proof it didn't exist. but if the partner has no proof it did exist....what then? why write off a largish sum of money?
Surely for 50k there will be a paper trail somewhere!

Slithery

lyndabill wrote: »

We may not have proof it didn't exist. but if the partner has no proof it did exist....what then? why write off a largish sum of money?

Because your deceased relative was convinced that it existed, they even went so far as to sign a legal document to state this fact.

lyndabill

he may have been coerced......Or the loan may have initially been agreed between them for something and then for some reason didn't go ahead and the charge it wasn't removed.....or something! But if there is no paper trail that it did exist, what can we do to not pay something that didn't exist apart from on paper