Unusual clause in mum's will to repay debt

Worriedaboutwill06

RAS said:

You need to start by contacting AgeUK and advising that you have safeguarding concerns. If nothing else they know the laws and words that trigger a response from the relevant powers.

I'd also do a quick check on your local planning application web-site.

Thanks a lot RAS, you have given me quite a few pointers to get started. 

BrilliantButScary

Worriedaboutwill06 said:

Hi all,

I'm hoping someone can help me with this as i am very confused. 

I am one of four children and my eldest brother has helped my mum write a will, has POA and is the sole executor without our knowledge. My mum has said that the estate is to be split equally between us. However, he has put the following into her will; 

Repayment of debt
'I instruct my executor to repay all money loaned to me by my son which hasn't been repaid at the time of my death to my son. If this gift is to fail it will pass to my daughter. For avoidance of doubt loan payments started on the 01.08.24 into my Lloyds account" 

There has been no loan to my mum. He refuses to give any information and states its none of our business. He is currently converting the ground floor of the family home into a flat for himself to live in and will rent his own house out. I dont think what he is doing is legal and I am unsure of what to think, any advice would be much appreciated. 

Does the phrase 'If this gift is to fail it will pass to my daughter' mean, that if the brother predeceases his mother the OP's sister will be repaid the 'loan'. 

Is this sister also the person who has the health Lasting Power of Attorney for the OP's Mum? 

I think you will find the following useful:

https://www.gov.uk/report-concern-about-attorney-deputy-guardian

pearl123

I'd get advice from a solicitor. Just to get an idea, if something can be done. 

pearl123

Worriedaboutwill06 said:

"which hasn't been repaid at the time of my death to my son."

What's to say that it hasn't been paid off. (if a debt exists.)  Surely, he needs to prove how much was owing and how much has been paid?

Worriedaboutwill06

pearl123 said:

I'd get advice from a solicitor. Just to get an idea, if something can be done. 

Thanks, im trying to gather as much information as I can, then I am going to see one I think. 

danco

If it is a genuine loan, then it would normally need to be repaid from the estate, and not need a clause in the will. Repayment is NOT a gift, it is a debt on the estate, so the phrase "if this gift is to fail" is meaningless. It sounds as though the will could be challenged when the time comes, and certainly that you could require details of the loan when he comes to settle the estate. Do you have any possibility of seeing your mother's bank statements, as allegedly there were loan payments into the account.

Spendless

Since Mum is alive isn't her doing a new will at a solicitors an option? 

Flugelhorn

Spendless said:

Since Mum is alive isn't her doing a new will at a solicitors an option? 

controlling son sounds like he is the problem but if mum is not happy with the will then solicitor for a new one is the next step 

Worriedaboutwill06

danco said:

If it is a genuine loan, then it would normally need to be repaid from the estate, and not need a clause in the will. Repayment is NOT a gift, it is a debt on the estate, so the phrase "if this gift is to fail" is meaningless. It sounds as though the will could be challenged when the time comes, and certainly that you could require details of the loan when he comes to settle the estate. Do you have any possibility of seeing your mother's bank statements, as allegedly there were loan payments into the account.

Thank you, that makes a lot of sense. I live quite far away so when I go back I will try to find out what I can. 

Worriedaboutwill06

Flugelhorn said:

Spendless said:

Since Mum is alive isn't her doing a new will at a solicitors an option? 

controlling son sounds like he is the problem but if mum is not happy with the will then solicitor for a new one is the next step 

A bit of a dificult one as he has convinced her that the government will take everything if she did not do what he said. My mum believes that he is doing things in our best interests and was unaware of a loan being in the will. When I return I will gather what I can and try to discuss it with her. It was only by chance that I have been able to obtain some of the contents of the will up until now,  there are still pages that I have not seen.