A relative falsely claiming a 'debt' from a deceased sibling..what do I do?

taboo65

Sea_Shell said:

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".

Thank you..great advice.

Marcon

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.

Hardly. The executor's decision could be open to challenge unless it is based on hard evidence, rather than their 'attitude'.

taboo65

Marcon 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.

Hardly. The executor's decision could be open to challenge unless it is based on hard evidence, rather than their 'attitude'.

Thank you

Manxman_in_exile

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.

Unless you for some reason suspect the solicitor to be in "cahoots" with the uncle, you certainly would not be rocking the boat.

You might be able to find a convenient moment to tactfully inform the solicitor that you understand that your aunt's brother claims that she still owed him money from work done ten years ago.  You might want to suggest that your aunt was not the sort of woman to allow such a debt to go unpaid - and would almost certainly have settled in cash at the time.  And even if she hadn't it's over six years ago...

taboo65

Manxman_in_exile said:

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.

Unless you for some reason suspect the solicitor to be in "cahoots" with the uncle, you certainly would not be rocking the boat.

You might be able to find a convenient moment to tactfully inform the solicitor that you understand that your aunt's brother claims that she still owed him money from work done ten years ago.  You might want to suggest that your aunt was not the sort of woman to allow such a debt to go unpaid - and would almost certainly have settled in cash at the time.  And even if she hadn't it's over six years ago...

Thank you..I've had some great advice, the solicitor is definitely independent of my uncle's influence.

Sea_Shell

Out of curiousity, what's your interest here?

Are you a beneficiary?  Or are you looking out for the best interests of a beneficiary?

taboo65

Sea_Shell said:

Out of curiousity, what's your interest here?

Are you a beneficiary?  Or are you looking out for the best interests of a beneficiary?

I am one of a few beneficiaries, at the moment I am more concerned that another aunt is getting grief from this particular uncle, so from a family point of view I wanted to be armed with solid advice that I have had here to be able to stop the rows that always seem to be present when a family member passes away, it's not like this particular uncle is destitute either so it's just greed. I have a vested interest yes, but I am also upset that my deceased aunt's memory is being slighted by lies.