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Legal advice needed please

1 reply

Dowser · 21/04/2019 23:03

Can someone put a charge against your house because they feel you owe them some money

There’s a case going to court because someone whose parent has died feels another sibling owes money to the estate.
This person has received a letter from the solicitor to say that a charge will be made against the house
Even though nothing is proven.

Sorry it’s a bit vague ...but it’s rather outing

OP posts:
ChicCroissant · 21/04/2019 23:21

I'm not a legal expert - is this a charge being placed by the executor against another beneficiary of the will? And it's not a charge against the deceased's house but the house of the sibling they think owes the money?

The executor is supposed to maximise the estate, so if they have brought the charge I can see their reasoning behind it (whether it is right or will work I don't know).

If the sibling has been given money in the past there is likely to be evidence from the deceased's paperwork (withdrawals) and as any money loaned or gifted within the past 7 years will have to be declared to the taxman there is no way around that one, the executor is obliged to do that.

It is interesting that you don't say it is not true, just that nothing has been proven which makes me think you know they are right and are just hoping they can't prove it.

It could also be the other way around and it's the executor who the sibling is attempting to get a charge against! Either way, must be pretty stressful for all involved.

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