How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My mother died 9 months ago. 7 years ago she gave my wife a

Customer Question

My mother died 9 months ago. 7 years ago she gave my wife a gift of £10,000 as she had worked constantly over 4 years whilst my father had paranoid dementia. She cared for both parents. Two Brothers were aware of the Gift but the 4th Son on gaining Power of Attorney found an old cheque stub in 2011 and assumed the gift was a loan.
Mum's Estate is about to be determined by the solicitors.
Could the Solicitors decide that the gift was a loan and demand it back?
How could I object?
Mum was fit and healthy and in her right mind.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Has your wife ever made any repayments?

Will the two brothers who are aware, support the fact that it was a gift?
Customer: replied 3 years ago.

No never any repayments. In fact my wife paid her care allowance into their bank account to help with their fees (approx. £5000)


 


Yes they have both written to the solicitors

Expert:  Jo C. replied 3 years ago.
Thanks.

A Power of Attorney ceases on death and therefore the fourth son has no authority any longer under the Power of Attorney

This will be dealt with however by the executors of the estate who may or may not be the same son.

Provided the two brothers will confirm that this was a gift and not a loan to be repaid, then the executors will have an uphill struggle in proving that it was a loan.

Even if it was a loan, because of the close relationship it would be necessary for the executor to prove that it was not a family arrangement but was “intended to create legal relations”. The courts will not usually get involved with informal family arrangements that have gone wrong. It is all too common for someone to make a gift and then, if the relationship goes sour, to claim that it was a loan.

It would not be for the solicitors to decide that the gift was a loan although there is nothing to stop them alleging that they should act on the say-so of the executors.

There is another issue which helps you and that is that this gift was made seven years ago and under the Limitation act 1986 the enforcement period for a debt is 6 years from when it becomes due and therefore if it was alleged to be a loan that time would start to run from when the loan was allegedly repayable.

The fact that there have been no repayments made over the last seven years also points to this being a gift and not a loan

Provided the two brothers will support your version of events, which is about as they will because they have written to the solicitors, there is no point in anyone taking this to court.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice