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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9676
Experience:  I have been practising for 30 years.
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My father paid off myself and my brothers mortgages as early

Resolved Question:

My father paid off myself and my brothers mortgages as early inheritance.We have had a family dispute and he is now asking for the money back.Am I legally obliged to do this or is a 'gift a gift' and I refuse to do this?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Unless there was an agreement for you to repay this at some stage or in the event that you fell out, then your understanding is correct, a gift is a gift. If he decided to take court action against you to recover this, that court action is likely to fail.

However don’t be surprised if he becomes inventive and decides to say that it was a loan and was meant to be repaid at some stage.

The court will then decide whether it was a loan which was intended to create legal relations or whether it was an informal family arrangement not intended to be enforced by the courts.

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Best wishes.

FES.

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