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Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.
Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.
From what you say your grandfather offered you a gift but you preferred it to be a loan and started making repayments. The executors of his estate can ask for repayment from you but they cannot take your mother’s inheritance as that is personal to her and nothing to do with your position.
I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.
If it is a debt it has to be repaid and they can set off your inheritance against the debt owed. They can’t however do that with your mother’s share.
No there doesn’t. The law presumes that a payment of money is a loan rather than a gift and it’s up to the person alleging a gift to prove it. You will have difficulty in doing that where you have made some repayments as that isn’t in keeping with a gift.