Legal Question in Wills and Trusts in Canada

How long is a personal loan still owing after person is dead?

We took a loan from our grandfather 10 years ago. He passed away this month. Nothing is stated in the will regarding our loan. We signed a promisory note 7 years ago stating we had this loan. Do we owe this money ($15000) to anyone? He verbally told us before dying 'not to worry about paying it back'.


Asked on 3/18/06, 2:15 pm

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: How long is a personal loan still owing after person is dead?

You did not say where you live or where your grandfather lived and the jurisdiction of the loan is important because of the rules relating to the limitations for making claims ie to recover the loan. Technically the loan could be payable to the deceased person's estate, however, if the statutory period for recovery of the amount owing under the promissory note has passed without a claim having been filed and served ( and it appears that it has!) then the loan becomes a moral debt but is not recoverable at law. This is true unless a payment on it was made which would revive he right to sue on the debt. It seems from your statement that no amount would be payable now.

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Answered on 3/26/06, 11:16 pm


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