Resolving a Will Dispute Regarding Loans

How this helped

Our client was involved in a dispute with the executor of a relative’s Will. She was one of the main beneficiaries of the Will, but believed the executor was administrating it incorrectly.

The main concern was that money her deceased relative had loaned to other members of the family was not being recalled by the executor. Rather, this sum of money was being treated as a gift.

Legally speaking, any money an individual has loaned to others becomes immediately repayable on their death. This is the case unless there is a specific loan agreement in place that states otherwise.

Though there weren’t any loan agreements in our client’s situation and the money should therefore have been repaid, the executor and some other relatives were arguing that the money in question had been given as a gift.

We commenced an in-depth investigation and discussed the matter at length with the solicitors of the other parties. These actions meant we were able to agree a settlement that involved all parties meeting in the middle.

Our client received a settlement of £184,000, which represented about half of the total sum in dispute and far more than she was expecting to receive.