Legal Question in Wills and Trusts in United Kingdom
Do I need to use a lawyer if I am taken to court?
I was asked in 1989 to repay a Debenture my late husband had with his Aunt for �30,000. I was not liable by law, but didn't know at the time and I agreed. I couldn't pay the full amount,only �15,000 by 1995, due to personal circumstances. I was 'forgiven' the balance by my Aunt eleven years ago,and have heard nothing until her death. My brother-in-law, an executor of her will asked me for almost �80,000 with interest. Subsequently reduced to �64,000, then just the inheritance tax of around �25,000 plus his costs. He has asked my children who inherit around �100,000 each to 'absorb' the tax he declared to the inland revenue but without any investigation or questions to me. Now I understand he is taking barristers advice and has applied for a Beddoe order, reducing my childrens inheritance I suppose. I cannot afford a law suit. Do I have to have a lawyer if I am sued? Does the statue of limitations apply?
Carrie Brewster
1 Answer from Attorneys
Re: Do I need to use a lawyer if I am taken to court?
In 1989 you agreed to make a voluntary payment in respect of a family debt. The balance of this debt was subsequently ' forgiven ' some 11 years ago. The executors of the person now deceased who was entitled to receive the money is now seeking payment of the forgiven amount.
My surprise this matter is that it has gone as far as it obviously has. There are two reasons for this surprise. Firstly that a debt which has been forgiven is no longer due and payable. The second reason is that the Statute of Limitations will apply in as a any liability is more than six years old-legal proceedings can not be brought to recover the amount.
I appreciate that must be upsetting and worrying for you. I hope however that the above will serve as some reassurance. Please let me know if I can help further.
Kind regards
Andrew Dutton
www.legal-zone.co.uk
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