Oustanding Debt ?Not

My  Father passed away almost 3 years ago, leaving his estate to be divided equally between all of his 3 daughters. 12 months Prior to his death My father wrote me a cheque initially meant  as a loan.

My Dad then owed me for the supply of goods to his house ( a total of £12,000 ) . I run a business and also supplied a kitchen to my sister and my sister and I were falling out regarding the final amount of money that she owed to me so my father agreed that he would pay for her kitchen ,a balance of £5200 and in order to be fair, he would also gift me the equivalent £5200. These 2 amounts were to be knocked off the original loan from my father. Original loan was £28,000 minus £12,000 minus £5,200 , minus £5,200 leaves an amount of £5600. I then repaid my dad in varying amounts of cash over the next few months. Unfortunately because this was an informal arrangement between my father and myself , I have no receipts or proof that I have repaid these amounts. My ELDER Sister is now claiming that I still owe the £5600 and as such is refusing to sign off my dads accounts hence not allowing any of us to receive our inheritance. So much of this is only verbal between my father and myself so I cannot proove anything and since my father is no longer here, he cannot vouch for any of this.

In addition to the above , my father agreed to gift myself and my YOUNGER sister, a sum of £10,000 each . I have in fact to date, only received £6000 of this sum hence in theory if true to his word then my father owes mt £4000. I am in no way at all motivated by money which is why I have been so careless and since all these dealings were with my father , it never mattered to me that I hadn't actually received the full £10,000 that he had agreed to give me ( we stand to receive a substancial amount of inheritance so I wasn't bothered about the lack of £4000)

If my sister does wish to take this to court ( which would seem silly given that she is only trying to recoupe £5600 Which will indeed then by split amonst all 3 of us ) Is the ownus on her to prove that I STILL owe the amount , or is it on ME to prove that I have repaid it !  I have heard people suggest that since the agreement was entirely between my father and myself and was prior to his death then it has no baring on Dad's estate is that correct?

Any advise is much appreciated  this whole situation has been going on far too long ( 3 years since Dad died !) 

Joking! How many identical threads

do you want people to spend their time on? This is less than 3 hours ago and has had answers.

http://www.thelawforum.co.uk/so-called-outstanding-debt

 

Profile: Interested in the subject

Apologies, Since I hadn't had

Apologies, Since I hadn't had a reply from a 'legal person ' , I thought that there was a difference between 'general chat & 'professional chat' and thought I perhaps needed to post it under 'professioanl chat'

You on the other hand perhaps need to work on your comunication skills!! your remark is rather sarcastic don't you think, Not everyone is perfect !

Apologies for the inconvenience !

You have posted

both identical questions in "Ask a question" - which is the correct place. You are not a professional and therefore have nothing to chat about. Perhaps you need to read the Forum Rules about where to post, what to expect posting multiple questions or "bumping"?

You are not guaranteed a response from a professional no matter where and how frequently you post a question. Sorry if that disappoints you.

Profile: Interested in the subject

I think the OP now

I think the OP now understands that multiple postings are frowned upon.  Can I suggest that you both move on, and that further contributions should address the OP's original question. 

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

In court the burden of proof

In court the burden of proof generally falls on the claimant. If the Claimant makes out an answerable case, the defendant will do well to answer it, with such evidence as is available.

A gift, or a promise to make a gift, does not give rise to an enforceable claim. I suggest that you do not expect to be paid the unpaid element of the promised gift as a separate item out of the estate. 

For families to fall out over relatively small sums such as this is not a good thing.

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

Thank you. Yes I know how

Thank you. Yes I know how ridiculous all this dispute is . I just want the estate settled and to move on. Our inheritance due is a decent size and whilst all money is with the solicitors it is is earning us naff all. I can use my share to invest in something which will indeed be making me more money. It isn't really about the money, I just want to draw a line under everything and get closure, but I do not know how I can get it? My elder sister is grieved and spiteful and is constantly bringing up issues, I just do not know how to sort it. Our estate solicitors refuse to settle the estate whilst there are these disputes, what can I do?

Encourage compromise. You

Encourage compromise.

You have probably said this already, but who are the executors?

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

The solicitors were named as

The solicitors were named as executors on Dads will , and although they did act as executorsa and referred to themselves as executors, after 6 months, they decided that they were not going to take up this post because the solicitor firm  had merged and dad had not made provisions for such a merger ( this I feel is debateable since my Dad and I visited the solicitors to check that Dads will was ok this I later found out was in fact  3 years AFTER  the merger had taken place. ) We signed for the solicitors to act as administrators which is how they got the probate I think. We have been told that all 3 beneficiaries are executors and also we have been told that there are no executors...

 

That all adds up to that you

That all adds up to that you don't know.

Obtain a copy of the Grant of Probate or of Letters of Administration so that you can see who holds the appointment and has the legal right to act in your father's estate.

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

All three benficiaries (

All three benficiaries ( myself and my 2 sisters ) signed to "nominate ,constitute  and appoint " the named solicitors  to be our lawful attorneys for the purpose  of obtaining  letters of administration of the estate of my father. It probably doesnt matter now , but I am quite sure that the solicitors didn't get us to sign this document until some time after they had already begun dealing with the estate. 

*If the solicitors have the power of attorney ( which they do ) then why is it that they cannot just take the decision that it will not be cost efeective to go to court for a disputed amount of only £5600? I have read somewhere that they need for all 3 of us to agree on matters but I think that this has only been stated in an email rather than in a legal document !

* Since the solicitors are the administrators, why is it that they can insist that they can not deal with this dispute and that we all need to get our own legal representation ?

I am confused. I think you

I am confused. I think you may be.

 

Have you seen the Grant of Probate/Letters of Administration?

Profile: solicitor for 30 + years dealing mainly in commercial and disputes, but with a broad range of experience. NB what I say in this forum should not be relied on as legal advice.

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