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Clare, Solicitor
Category: Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am an executor of my mums estate . The will slearly states

Customer Question

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 .

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why was she going to borrow the money and how did she manage without it?
Customer: replied 2 years ago.

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.

Expert:  Clare replied 2 years ago.
In those circumstances your brother will struggle to base any claim on this document.
I suggest that you write a form al letter saying that if he wishes to continue with the claim he will have to show evidence of the money leaving his account for that of your mother.
You could also inform him that in the event that he does sue the Estate for the money you will be arranging for a Hand writing expert to be consulted.
I hope that this is of assistance - please ask if you need further details