Can you explain your situation a little more?
sorry but I'm not sure what you mean? How could they cancel a loan if she had the money?
Ok. I think this is an equity question so I will pass this onto somebody who can help with it.
Is this in Scotland?
Just let me clarify the facts.
Your mother lent you some money which was intended to be repaid.
She then changed her mind and said she didn’t want repaying.
That was never dealt with formally.
Lawyers dealing with your mother’s estate are now saying they want it repaid?
Is that the situation?
Thank you. Whether this is enforceable in law comes down to whether this was an informal family arrangement meant to create legal relations (that is the legal terminology) or whether it was an informal family arrangement .
Your mother lent you this money on the basis that it would be paid back one day and then, for whatever reasons, she decided that you could have the money and it was to be treated as a gift.
If the money was lent to you under the terms of a written agreement, then it would be necessary in most cases for there to be a cancellation of the debt also by written agreement. The only way to cancel a deed for example is with another deed which is a deed of cancellation.
In matters like this whether the loan was cancelled and deemed to be repaid (forgiven in old English law) would come down to what evidence there is one way or the other. These matters are decided on the balance of probabilities and hence, you would only need to convince a judge that there was a slight chance more that the debt had been cancelled than the was that it was still repayable.
If you have a note from professional adviser telling a lawyer that it was intended to be forgiven, that would be enough to swing the balance in your favour.
Can I clarify anything for you?
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I can still clarify things for you.
It’s purely a coincidence. Well spotted.
I am pleased that the answer is what you expected.
I’m based in North West but this isn’t something I could take on view at present. For logistical reasons, you would be better finding a solicitor that deals with contested probate and estate matters within a reasonable driving distance.
You’re absolutely right contesting the code is still which has been witnessed by solicitors is not particularly easy. It can be done but not easy at all.
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In the north-west, old values sometimes prevail although sometimes I wonder!