A relative falsely claiming a 'debt' from a deceased sibling..what do I do? 9 April at 11:06AM in Deaths, Funerals & Probate 17 replies 1.4K views

taboo65

Hi, I am looking for some advice..my dear aunt passed away recently at the age of 91, she was a decent person and has never owed any money to anyone, she was proud of this and said that she was happy that she would die without having outstanding dues. One of her brothers, an 85 year old man, who is well off and lives comfortably in a house worth over £600K is now saying that she owed him money for works he did at her house more than 10 years ago. My rub is, that he will claim against her estate, and is from my point of view, disrespecting his sister's good name, at a time when she can no longer defend herself, she paid her way all through her life, and would never have allowed anyone to do anything in her house unless she had paid for it. Does he have to have proof of the debt to claim against his sisters estate? Thanks in advance

RAS

Debts become unenforceable 6 years after the last payment.

So unless her brother can provide good evidence that she'd been paying towards the "debt" within the last 6 years, he's out of time. I'd expect that to tie in with payments from her to him in her bank statements that the executor/administrator can get from the bank. Alternatively he'd need to show successful enforcement action (CCJ or similar) within the same time frame.

It is of course possible that he did some work that she thought was a favour and he thought she would offer to pay for, and it's being eating away at him. But it's too late to claim anything.

taboo65

RAS said:

Debts become unenforceable 6 years after the last payment.

So unless her brother can provide good evidence that she'd been paying towards the "debt" within the last 6 years, he's out of time. I'd expect that to tie in with payments from her to him in her bank statements that the executor/administrator can get from the bank. Alternatively he'd need to show successful enforcement action (CCJ or similar) within the same time frame.

It is of course possible that he did some work that she thought was a favour and he thought she would offer to pay for, and it's being eating away at him. But it's too late to claim anything.

Thank you so much..there was no payments through banks, any payment at the time of the 'work', she would have paid him in cash.

Marcon

Horrid, but he has no way of enforcing this 'debt'. You can't stop him claiming against her estate, but if you are the executor, you need do nothing other than ask for proof of the debt and that your aunt acknowledged/paid towards it in the last 6 years of her life.

taboo65

Marcon said:

Horrid, but he has no way of enforcing this 'debt'. You can't stop him claiming against her estate, but if you are the executor, you need do nothing other than ask for proof of the debt and that your aunt acknowledged/paid towards it in the last 6 years of her life.

Thank you! I am not the executor thank goodness! I am happy to hear that he will need to show proof of the 'debt'.  

TonyMMM

taboo65 I am not the executor thank goodness! I am happy to hear that he will need to show proof of the 'debt'.  

That will depend on the attitude of the executor - and whether they decide to accept the debt exists or to challenge him over it.

taboo65

TonyMMM said:

taboo65 I am not the executor thank goodness! I am happy to hear that he will need to show proof of the 'debt'.  

That will depend on the attitude of the executor - and whether they decide to accept the debt exists or to challenge him over it.

There is no debt, my aunt would've paid him at the time because she hated owing money to anyone, he's just trying to get money out of a dead woman, his own sister. 

elsien

taboo65 said:

TonyMMM said:

taboo65 I am not the executor thank goodness! I am happy to hear that he will need to show proof of the 'debt'.  

That will depend on the attitude of the executor - and whether they decide to accept the debt exists or to challenge him over it.

There is no debt, my aunt would've paid him at the time because she hated owing money to anyone, he's just trying to get money out of a dead woman, his own sister. 

He may be, but the executor may see things differently, depending on what the brother comes up with when he contacts him. 

Sea_Shell

Who is (are) the executor (s)?  A solicitor or another family member or friend?

taboo65

Sea_Shell said:

Who is (are) the executor (s)?  A solicitor or another family member or friend?

A Solicitor is the executor, I don't want to rock the boat with the solicitor until I have an understanding of how the law works.

Sea_Shell

taboo65 said:

Sea_Shell said:

Who is (are) the executor (s)?  A solicitor or another family member or friend?

A Solicitor is the executor, I don't want to rock the boat with the solicitor until I have an understanding of how the law works.

In that case I don't think you have anything to worry about.  A professional executor will know the rules and will deal with the matter accordingly.

If it were a layman...they may have got their ear bent or given in for "an easy life".