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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6967
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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If your relative has left most of their Estate to a carer in

Resolved Question:

If your relative has left most of their Estate to a carer in their Will. But also that carer has already had a loan to buy a new house interest free from the person that they are caring for, but that person has the deed's to the house as security. Do the relatives have a claim on that loan as it not in will & is a separate document or does it mean that the carer, gets deeds as part of estate ??
Submitted: 7 months ago.
Category: Family Law
Expert:  michael holly replied 7 months ago.

The way that it works is that the job of the person winding up the estate is to call in all debts due to the estate and that would include any loan due to the deceased.

That is the starting point if, say, the property has specifically been passed to the carer then any loan would have been waived by the deceased.

But if it is simply a case of the deceased leaving their estate or part of it to the carer as a general gift without mentioning that the gift includes the property then the loan in respect of the property is repayable.

It may mean the carer is simply paying it into the estate to come straight back to them but this would depend on the terms of the Will.

I hope this assists. If there are any further points please reply I will be happy to respond.

Kindly rate my answer before leaving the site so I get credit for my time.

Best wishes

Michael

Customer: replied 7 months ago.
Thank you for your input it confirms what i thought, even though the property not mention in the will ! after everything else settled anything left goes to carer.
Expert:  michael holly replied 7 months ago.

My pleasure

Kindly rate my answer on the site so I get credit for my time.

Many thanks

Michael

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Customer: replied 7 months ago.
i have done so already by saying it was good & confirmed what i thought !!!!!!!