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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My brother transferred £3000 into my account while in hospital

Resolved Question:

My brother transferred £3000 into my account while in hospital and going through a divorce from my wife. He asked for some of it back while in hospital and when he came out I gave the balance back to him as he requested, what he did with this money I have no idea and did not ask. Unfortunately about a month later he died suddenly and his wife is now insisting that I repay the £3000 back to her for his estate. I have no proof that I had given the money to him, how do I stand?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can help with this.

tdlawyer :

Is there any evidence at all, such as withdrawing the money from your bank account, or an online transfer?

Customer:

I can prove some of the money was withdrawn from my account but not necessary that particular account as I keep money at home in my safe and used to give my brother the money as he requested it while in hospital

tdlawyer :

That's okay. Is this was taken to court, then the only evidence available would appear to be your own evidence, that you paid the loan back to him. To support that (in part) you would show the wirhdrawals etc., and although it's not for the full amount, it suggests your right that you have paid it back. There is no contrary evidence - nobody can say you didn't hand it back and prove that.

tdlawyer :

If she sued you, then she would have to show you didn't hand it back, and she is likely to find that extremely difficult to do!

Customer:

My sister-in-law has written to me today to say that as I have not replied to her last letter, although I have replied to two of her previous letters saying that I had given the money to my brother she hereby gives the statutory 14 days notice of her intention to apply to the court for the return of his money to his estate, what does she mean by this?

tdlawyer :

She's just inisting you pay it, there is no "statutory 14 days notice" period.

tdlawyer :

If you've replied once, you don't have to keep repeating yourself.

Customer:

Oh thank you, XXXXX XXXXX suggest that I just ignore her letter as I cannot tell her anything else that I have not already said in my previous letters to her

tdlawyer :

Maybe you could just write and say that you're not going to say anything different or additional and that you've set out your position already.

Customer:

Thank you that was helpful

tdlawyer :

Great. Are you happy with todays service, if needs be I can assist you with anything more you might wish to know?

Customer:

Can she take us to court, would they entertain this claim?

tdlawyer :

The courts entertain every claim before them, whether she would succeed is another matter entirely!

tdlawyer :

I doubt she would based on what you've told me!

Customer:

Do you think it is worth getting a solicitors letter sent to her outlying what I have said or should I wait to see what steps she makes

tdlawyer :

I'd personally wait, it's a small claims matter anyway, so no point wasting money on lawyers with this.

Customer:

Thank you that is great, very helpful

tdlawyer :

You're welcome. Are you happy with the service you've received today?

Customer:

Yes thank you

tdlawyer :

Thank you! Have yourself a great weekend!

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