How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MarianC Your Own Question
MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 976
Experience:  20 years experience in Wills and Probates and Trusts
109551472
Type Your Law Question Here...
MarianC is online now

In 2009, I provided financial assistance to my sister that

This answer was rated:

In 2009, I provided financial assistance to my sister that allowed her to pay off mortgage outstanding and reduce loan capital on her mortgage of £180,000 which we agreed to be considered as an advance on her eventual inheritance.The appropriate divide clause was included in our Mother’s Will in 2016.My current situation is that my mother is now selling her property and is preparing to purchase a property with my sister for which I asked my sister to regulate the loan terms before making any joint purchase with our mother.Payment to my sister was £36k which represented 13% of property evaluation in 2009 my mothers currently property will be sold for £600k and expected repayment to me would be £78,000 and we adjust will to remove divide clause.My sisters property, she has now sufficient equity since her property is now valued in the region of £320-330k
JA: Where are you? It matters because laws vary by location.
Customer: Oxford, UK I live in Geneva
JA: What steps have you taken so far?
Customer: discussion and now letters
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Good morning, thank you for your question, how can I help?

Kind regards

Marian

Customer: replied 9 days ago.
I would like to understand if I have any recourse?

Have you asked your sister to repay the loan given that she has sufficient funds to do so?

Customer: replied 9 days ago.
but she doesn’t agree pay as per agreement and has offered to pay only the amount I gave her... I believe she’s waiting to purchase property with my mother and then I don’t believe she will sell her property- I’m trying to get my mother to accept the debit terms where I obtain funds on sale of property and my sister then repays my mother
Customer: replied 9 days ago.
Do you have sufficient information

Do you have any kind of loan agreement that allows you to call in the loan, or that confirmed the arrangement other than the Will or does the Will stipulate the percentage? You could obtain a money judgment in the county court and put a charge on the property but this incurs time and costs unless your sister will agree. Alternatively your mother will have to make a fresh will.

Customer: replied 8 days ago.
When you say question of time... how long will this process take and is there a fast track solution to put charge on my sister’s property?
Customer: replied 8 days ago.
If I get a negative response from my sister once again then I would certainly go this route

If your sister won't consent to the charge then you will first need to obtain a county court judgement, then you would apply for the charging order, so it will take a few months. The fast track way is to get her to consent to the charge.

Customer: replied 8 days ago.
in the meantime if she sells the property then I’ll have to make county court charge on new property

Yes if she doesn't pay you in full.

Customer: replied 8 days ago.
Ok thanks

Thank you, ***** ***** have any further questions?

Customer: replied 8 days ago.
Thanks that fine for now

Thank you, ***** ***** good weekend. I Hope it all works out.

MarianC and other Law Specialists are ready to help you