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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16605
Experience:  30 years as a practising solicitor.
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Will dispute, Scotland, money has been given out, not

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Will dispute
JA: Where is this? It matters because laws vary by location.
Customer: Scotland
JA: What steps have been taken so far?
Customer: money has been given out
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not received my money that I was due on the will
JGM

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.

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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.

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Customer: replied 8 days ago.
Sorry so basically my grandparent gave me £9000 towards a car as a gift in some sorts to pay towards my new car as I couldn’t get finance for it, I felt bad so I said I’ll just pay you back like if it was finance and set up a direct debit to pay back the £9000 which I payed back £2000 off, He sadly passed away but left £3000 to each grandchild, Then my 2 uncles who were in charge of the will decided that it not allowed my £3000 that it says I’m suppose to get and even took £4000 of my mother to pay the £7000 off, They thought me that if I get the £3000 and the money for the car was unfair so they cut me out and didn’t even consult with me about it. Me and my grandad were close and he was like a father to me, He never once said about worrying to pay him back and we never even had a written agreement, I just set up a direct debit so that it would automatically put money into his account. Hope that makes sense cheers.

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.

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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.

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Customer: replied 8 days ago.
Do I have to then repay the debt or is it optional? Also is it okay for them to take away my share of the inheritance and give me nothing even after I was left £3000 in the will ?

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.

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Customer: replied 8 days ago.
Does there have to be a document of some sort stating that it is a debt and has to be payed or some sort of agreement with my signature ? My grandad never expected me to pay him back I just wanted to pay him back as I felt bad about it.

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.

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