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philipo51617
Forumite Posts: 21
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Hi
We've loaned money from father in-law to pay off mortgage which has now been paid.
To provide security we are now adding charge to property via CH1 Form.
We have no formal loan agreement drawn up, so just wondering on wording to put on Ch1, would the below suffice:
£200k to be paid back at 0% interest.
In the event of sale or mortgage, remaining balance to be repaid.
If lenders daughter passes, remaining balance to be repaid as soon as possible.
If lender passes, 50% to be repaid to lenders other offspring as soon as possible.
We've loaned money from father in-law to pay off mortgage which has now been paid.
To provide security we are now adding charge to property via CH1 Form.
We have no formal loan agreement drawn up, so just wondering on wording to put on Ch1, would the below suffice:
£200k to be paid back at 0% interest.
In the event of sale or mortgage, remaining balance to be repaid.
If lenders daughter passes, remaining balance to be repaid as soon as possible.
If lender passes, 50% to be repaid to lenders other offspring as soon as possible.
0
Comments
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I am not an expert, but I'm not sure that the final sentence at least would be sufficient to deal with that scenario. At the point the lender passes away, the loan is likely to form part of their estate - and the executors would be under a duty to gather in all the assets of the estate before distribution to beneficiaries. So, the LR document might be superseded by the probate process.
I am not in a position to comment on the rest of your post, other than to say that I would strongly advise getting the loan formalised / documented properly outside the LR process.1
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