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How do I resolve this one- or cant I?

(3 Posts)
Jessbow Mon 28-Mar-16 12:17:58

long story....
My bro and his wife were lent some money by my parents, all above board, dad placed a charge on the land registry etc . All proper and above board.

rather than pay money back to him directly, the repayments were placed in two accounts for the grandchildren- his suggestion. No he wasn't a signatory.

despite assurances that the money was being paid back monthly as it should have been it came to dads attention that the money was not only NOT being paid back, but that money that had been deposited has been withdrawn.

Dad expressed his displeasure ( broke his heart actually) and wrote to them indicating the same ''If that's the way you are with money for YOUR children, you owe me nothing ''. would certainly have pricked my conscience!

Roll on 10 years, I am exec for dad will. Do what I should and distribute funds according to will.

Bro inherits his share and decides he want to move house. Up pops Charge on land registry. I get the letter from the solicitor....was this charge paid?

Not just wanting to say yea or nay without consulting brother, I consult bro. Had they made any attempt to put aside what the children should have had? Very evasive- yes, but cant remember where, or how much... Lot of non eye contact...in other words no.

Had at least some of the money been paid back I would have been happy to reply 'YES' to the solicitor. Bro then produces letter from dad ( not signed, not dated) that was written at time of discovery and solicitor says that's admisable evidence that it didn't need to be.

You need to ber in mind that the loan was for £70K ,That right, £70k to buy the house that they were now selling for £365K....

was I not right to think that anyone with a consienec would have paid that money back for THEIR children, especially given the huge profit they have made?

Was I not right, as executor an aunt of the two benificiaries concerned to take this line?

Jessbow Mon 28-Mar-16 12:21:21

They have now gone totally NC.

My brother is the only living family member I have left.

how can this be resolved?

RatherBeRiding Mon 28-Mar-16 12:53:08

I think you did the right thing, in that you were factually honest with the solicitor regarding the charge.

It sounds like the loan was set up correctly, with an agreed repayment schedule which your brother reneged on. That's not your problem. Your only recourse as executor was to stay within the law and behave absolutely above board, which you have done.

It's your brother's decision to go NC with you - which, coupled with his non-repayment fiasco, and then lying about it, makes it sound as though you are better off without him in your life.

Hard, as he is your only family. But blood isn't always thicker than water and at least you have the knowledge that you have acted morally and with integrity. Which is more than he has. Your dad would have been proud of you.

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