So called outstanding Debt ?

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 !) 

What evidence is there of

What evidence is there of your initial loan with your dad? and do you have evidence of the 12000 he owed you as well as the 5200 x2 he agreed to give you? 

If the remaining inheritance Is substantial is it really worth arguing over just over 5k? 

I'm not a legal expert but my personal opinion is that your dad will likely be mortified that his daughters are quibbling over his money. 

Your elder sister probably knows she is clutching at straws to recoup anything from you and likely believes you owe much more to his estate. Is £5600 (less your share) not worth agreeing to bring an end to the matter and allow your father to rest in peace? 

You say your father agreed to gift you 5200 to make it fair, but you don't mention if he also gifted your other sister 5200? If not I can see why she is aggrieved 

The OP has asked for

legal advice. Just as you have on your own thread. Suggesting what someone who is dead might think about the matter introduces notions that (a) do not exist in law (b) do not exist in many people's belief structure. The OP is entitled to ask for unclutered legal, or sensible practical, advice.

Profile: Interested in the subject

In which case delete my

In which case delete my comment. Surely they are questions that will be asked in order to make a legal reply? 

As with my own post I assumed comments and opinions were allowed, however,  I respect your comment and feel feel free to delete 

There is a difference between ill-informed

legal guess work and outright moralising. Do you not think that the OP will have considered the very points you raise? In which case distress seems the more likely outcome if they come seeking legal advice and are immediately presented with the thought of their late parent in purgatory due to a sibling dispute?

Profile: Interested in the subject

Wondering, the forum isn't

Wondering, the forum isn't moderated. The only way your posts will disappear is if you delete the contents yourself. Please do.

 

Profile: Photographer, retired court reporter. I am not a lawyer.

I am sure that my Mum & Dad

I am sure that my Mum & Dad would be totally devastated at what has been going on. My elder sister is very grieved because she is well aware of the fact that my Dad was intending to cut her out of his will and leave her share to her children !It was me ( silly silly me ) who convinced Dad not to cut her ou because I felt that she was maybe a little unstable and I didn't wish any harm ( for the sake of her children more than anything ) Much as it is of no help , I totally agree with comments stating the obvious fact that it isnt worth the challenge but it seems that my sister lives on spite and feels that she has missed out..my Dad had reasons for giving just myself and my younger sister the monetary gifts ( my elder sister had already had gains over and above that of myself & younger sister )She had had nothing to do with my elderly father and this was one of the reasons why he had finally made the decision to cut her out of his will ! It is all very nasty and I am finding it emtionally crippling , I am a single mum on my own trying to deal with the loss of my parents , all the stress is making me ill  but I just cannot find a way to get closure. 

Is there any way that we can make the estate solicitors settle the estate and then have my elder sister take me to court off her own back ?It has been almost 3 years now since my father died

Is there anyone who can

Is there anyone who can advise me , is it a case of I have to prove that I have paid the money back or is it a case of My Sister has to prove that I havn't. The realtionship I had with my Dad was wonderful & relaxed , he would of given me his last penny if I needed it and likewise me to him, we didn't really keep tabs on money given to & fro..he's my father for heavens sake ! Do I just state to my sisters solicitor that I cannot produce full dates and details and suggest she takes me to court then or do I state the fact that there was still £4000 left owing to me from my Dads original offer of £10,000? Please can someone try to help me ,give me some legal advise ? please

The executor has a duty to

The executor has a duty to try and collect all debts owed to the estate.

However this does not apply if it would not be prudent to do so.

In this case it must be doubtful as the sum in dispute is likley to be swallowed up by legal costs - with no guarantee of recovery.

So the question is does the executor have reasonable prospects of proving you owe this money. You may be able to show your story is correct as surely you have some doumentary evidence realting to purchase of items or withdrawal of money.

I'm not entirely sure why the executor can't just do a part distribution i.e. pay out the undisputed portion and hold back the rest.

 

Profile: retired barrister legal adviser with MOJ.

The whole way that things

The whole way that things have been dealt with has been ridiculous from the beginning . The estate solicitors were appointed as executors in the will and did act as such for the first 6months and then they decided that they were not the executors ( claiming that due to a merger in the solicitor firm , they were not obliged to take on the role), They got us to sign to say that we agreed to them being administrators of the estate , I think this is how they managed to obtain probate. They told us that we 3 as the only beneficiaries were executors and now they say that there are no executors ! I am very tempted to go the ombudsman with the way that we have been treated ..our soliciotrs bill is over £60K!! 

I don't wish to engage a solicitor because of their costs. Maybe I shall reply to the estate solicitors suggesting  that " as administrators, they have a duty to act in a manner which is in the best financial interest of the estate? I catagorically do claim that I have repaid the loan to my father in full. being made in cash payments to a point that my father at the time of his death was perfectly happy that all accounts had been settled. Unless you as administrators can prove undeniably that this amount is still outstanding then I suggest that continueing to argue this fact is not fiancially beneficial since any gains will be swallowed up in legal fees." Perhaps I could suggest as you say , that the estate should be  distributed with a sum of £5600 being held back until this dispute is resolved, (which will probably never happen.)

It's ok me putting this to the estate solicitors but how oh how do I make this happen! Please try to advise me.


Duplicate threads are a pain

Duplicate threads are a pain in the backside.

I have replied on the other one. The OP appears not to have read it.

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.

Are you serious - £60k for

Are you serious - £60k for solicitors to administer an estate - and an argument over £5k?

Profile: retired barrister legal adviser with MOJ.

Are you serious - £60k for

Are you serious - £60k for solicitors to administer an estate - and an argument over £5k?

Profile: retired barrister legal adviser with MOJ.

so sorry for duplication.

so sorry for duplication.

User login

Navigation

twitter link facebook link
netlawman link