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Financial gift - asked to return it following recipient's death

127 replies

GiftQuery · 10/05/2024 04:34

Not sure where to post and please be kind as it involves my mum's estate.

We recently lost our mum and she had had a companion of many years, they had been partners however never lived together or had had any financial involvement. Her partner is a multimillionaire if this is relevant.

My mum's partner had been seriously ill and she had literally saved his life twice within a year. Obviously he was eternally grateful for this and as a result decided he would pay off the remaining £10,000 capital of her interest only mortgage.

He has contacted the executor of the will to say he would like this money returning to him as well as a lesser amount of £500 for an item he claims he purchased for her property.

I am inclined to say, just give him it, and cut ties with him - he is not a pleasant man. He has been leaning on us constantly for various things very few of them involving missing mum, since our mum's death, causing us much stress and upset. They lived several hundred miles away from us and we have very little relationship with him (his choice).

My sibling, however, would like to ask him for evidence that this was ever a loan and as he will not be able to provide this as it was not a loan, then we say bad luck you're not having it.

I am very non-confrontational, however I can see his point .

I just wondered if anyone knew where we stood legally with this.

Thank you for any advice - as you can probably imagine it's a very emotional time and my main feeling at the moment is incredulity that he is even mentioning this merely weeks after we lost our beloved mum.

OP posts:
sapphosvenus · 13/05/2024 12:37

yes stay professional
never email or call or text him let solicitors deal with him
just ask for the proof and ensure he sends original signed loan agreement docs not copies or file docs.
so sorry for your families loss I hope he realises his behaviour and stops asking.

Aubree17 · 13/05/2024 13:23

There are a few points come to mind.

  1. I would not want to spend a great deal of money fighting this claim. You could easily spend much more than 10k on legal bills.
  1. The executor has the obligation to wind the estate up realising all assets and settling all liabilities and following the letter of the will. He cannot just give the money so those who claim to be owed it without any proof.
My first point would be to say you had believed this money was a gift and to ask for evidence of the loan. Leave emotion completely out of it. We're dealing in facts. She either owed the money or she didn't.
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