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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im 31 year old Slovakian. Last year I lost my friend who

Resolved Question:

Hi, I'm 31 year old Slovakian. Last year I lost my friend who had 78 years when he died in England. He was English. He left me at his will some money.Now the administrators of the will are dealing with it in England. We were friends for 7 years and also he gave me some money while he was still alive. It was always gifts, but he made twice documents where he written that is a free loan. I never signed this documents. He made this only because to let me have some proof of where's money came from on the borders. Now, after his death his family did find these unsigned documents and they want to take this money out of my share from the estate. My question is:
1. Can the administrators of the will take off any money out of my share, if they learned that I was given some money before the death? In the will is clearly said what should I get after death. Once again, I never signed anything.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Why do you mean by a free loan?

Its either a loan or a gift?

Tom
Customer: replied 1 year ago.

It was a gift, but he wanted me to have some document to show border officers on my way to Slovakia if they would asked me from where's money come from. So he written down that he made interest free loan to me, but I didn't signed it. He didn't want me to sign it. Anyway, can the administrators take off out of my share any money?

Expert:  Thomas replied 1 year ago.
Hi

I will answer at 9..
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The issue is solely whether or not the transfers of money to you were gifts or loans.

If they are gifts then the executors cannot touch the money or ask for you to repay it or take it in to account in determining the other monies due to you under the Will.

If the transfers of monies are a loan of the estate then they would form an asset of the estate, which the executors would be able to deal with in the same way that the deceased would,

The problem is that the deceased has executed document which because of the language used highly suggests that the transfers of monies were loans, he’s actually used the word. If he intended for them to be a gift then he should have used clearer language. Your starting point for claiming these to be gifts is not very good at all.

You’ve got to see what other evidence you can gather, perhaps emails or SMS texts, or statements from independent third parties who also knew that t was a gift and then see what you can come up with to produce as evidence in your favour.

At the moment, it appears that the executors are very well placed to reclaim these monies from you I regret to say.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
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