Thank you. This is nothing to do with an estate it seems this is simply an allegation that the son persuaded the mother to lend him a large amount of money for an operation which didn’t go ahead or wasn’t needed (we don’t know) and even exaggerated the cost (did he?) And now the mother wants the money back.
If this goes to court, the court would have to decide whether he misrepresented in order to get the money which could actually be a criminal matter but that’s a separate issue would also whether it was “an informal family arrangement not intended to create legal relations”.
Yes, that really can be a defence, but it was a family arrangement and it was never meant to be in front of the court, even if things went wrong. Because of the very large amount of money I think it unlikely but possible and do expect him to try.
Ultimately, the mother wants her money back and he doesn’t pay it, then she has no alternative but to take him to court but I will so this stage that because the facts here appear to be relatively straightforward, I wouldn’t be spending a whole load of time and time is money, on exchanging correspondence. Solicitors can be expensive and they can spin it out. I would give him a fortnight to come up with a reasonable proposal failing which I would be off to court.
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