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I am an executor of my mums estate . The will clearly states that a percentage for grandchildren and the remainder to be divided between 3 sons. A fourth son who was excluded from the will with a codicil has produced a document signed by him, his wife and my mum basically saying it was a loan agreement for £22,000( in other words he implyed my mum borrowed £22,000). This never happened and the whole family knows it didnt happened . Could this document stand up. It was not witnessed by a solicitor and strangely by him and his wife only . I am also in doubt regarding the signature "by my mum" because upon comparing it with 5 other signatures that i know are hers tthere is a difference which is significant.
It is in no doubt that my mum was going to borrow some money from him at some point but upon advice from relatives she decided not to borrow the money. From that point on she never had contact with him again because he was attempting to get control of her property.
My question is would a peice of paper signed by him and his wife be enough to make a legal claim on my mums estate despite there being no ther witness other than him and his wife. Is his bit of paper a legally binding docuement?
Also as we suspect fraud how do we counter his claim .
She was going to borrow the money for home improvements. The conditions of the loan wer unacceptable as my mum was advised that the brother in question was trying to gain control of her property and under no curcumstances should she take the money. We know that she never borrowed the money . She managed with out it because the extension she wished to have built was never built. There also is no proof that the money was paid . If he says the money was paid then it could only have been 22 grand in cash because there is no record of this transaction.