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Loan from ill parent for executor expenses

4 replies

Flippetyflipok · 22/04/2021 16:39

My Dad has been worried about me not being able to afford executor expenses when the time comes, and insisted on giving me a loan to cover them from his joint account with my mum.

I didn't want it but accepted. I asked him to put in writing (an email) that this money was only a loan, still belonged to the estate but was intended to cover those expenses, but he explicitly included a possible bridging loan to siblings to covert their share of necessary, or for example to pay for their travel expenses.

For context, me and my siblings don't get on but are all listed as executors. They (siblings) have previously indicated they want me to be the executor when necessary.

Now my dad is unwell. If worst comes to worst, my mum inherits everything, so relatively straightforward. But what happens to the loan? Would I need to repay it to her, or half, or what? And then set up some other arranemt if she in turn wanted me to have funds for this purpose?

Is there anything I should get my parents to do now to set things up to avoid future problems? For example, no mention has been made of interest. I've just put the £ in an instant access saver, separate from my other accounts, and I'm not planning to touch it, plus I guess I need to put in my will that the £ belongs to my parents.

(I realise that the example reasons for loan given by my dad are broader than allowable probate expenses!)

Any advice much appreciated. Thanks.

OP posts:
iknowimcoming · 22/04/2021 16:54

What expenses does he mean? I thought expenses were just deducted from the estate so if your mum inherits everything surely she'd just pay you any owed expenses?

prh47bridge · 22/04/2021 17:05

Expenses should be deducted from the estate before it is distributed, so the OP's mother wouldn't pay him expenses. The OP would take the money required to cover expenses and then pay the rest to mother.

OP - when the time comes you should repay the loan to the estate, take your expenses from the estate and then distribute whatever is left. Alternatively, you could use the loan to cover your allowable expenses then repay anything left over to the estate or claim from the estate for any expenses that weren't covered, whichever is appropriate.

Flippetyflipok · 22/04/2021 19:33

Thanks both.

My dad was worried from the experiences of friends and probate that there might not be spare money to pay for official expenses, so funeral, house etc., or say if my siblings needed an interim loan (they are not good with money), but the latter only applies when both my parents are gone (either parent would inherit all at the moment if the other died).

Since it was joint money, it's not clear to me what proportion of it falls under my dad's estate (half?). I'd happily give it all back (now or when my dad passes) , but I guess my mum might want me to keep some for when her time comes for her peace of mind.

And I want to make sure it's all clear and above board so there's no issues with my siblings thinking I've had some advantage from all this.

OP posts:
prh47bridge · 22/04/2021 20:25

If it came from a joint account, it does not form part of the estate. It would automatically pass to your mother when your father dies.

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