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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I lent my sister £12k six years ago so that she could settle

Resolved Question:

I lent my sister £12k six years ago so that she could settle her divorce. At the time she was desperate and I was happy to help on the understanding that the money is repaid. There is no paperwork apart from the details of the bank transfer.
Our mother died last November and left her assets to be shared 50/50 between myself and my sister who was named as the executor in the will.
Two issues:
1. I know that a cheque has been sent to my sister from the solicitor who was dealing with the probate. No money has been sent on to me and my sister wont tell me the net value of the estate. What options do I have to find out the sum received and to obtain my half?
2. I would have expected the outstanding £12k to be repaid at this point by my sister but no such offer has been made. Can I pursue the outstanding £12k and if so how?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When was the transfer and does she accept she owes the debt?

Customer:

The transfer from the estate was only 10 days ago and she accepts that I am due half but wont disclose the amount. With the previous loan her view is that I can afford for it not to be repaid.

Alex Watts :

Ok - as long as you have happy to go to Court it wont be a problem

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. If you claim over £10,000 and its set down for trial you will need representation because of Court rules and procedure

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you can I ask the probate solicitor to advise me as to the size of the cheque sent to my sister? Should I pursue the sum as a total ie the will 50% plus the £12k or deal with them separately?

Alex Watts :

You can ask, but they wont necessarily tell you - it may be a breach of Data Protection

Alex Watts :

I would deal with the £12k separately.

Customer:

Ok, thank you for your help.

Alex Watts :

Can I clarify anything for you about this at all?

Customer:

Alex

Alex Watts :

Yes?

Customer:

Alex, your advice is clear and much appreciated.

Alex Watts :

Thank you. Can I help with anything else today?

Customer:

No thank you. I will mark as excellent. Have a good day.

Alex Watts :

Thank you.

Alex Watts :

Good luck with this. If this does answer the question might I invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

if you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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