Hi,
My partners father has just died, one of his sisters is the executor. This sister borrowed £20k from her father 4 months ago to be paid back. She accepts this and is putting it on the probate form. I was just wondering if this debt is likely to be written off or would be taken out of her share of the will. Will reads estate to be divided up equally between the 3 children.

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Originally Posted by proudpaws

hi,
my partners father has just died, one of his sisters is the executor. This sister borrowed £20k from her father 4 months ago to be paid back. She accepts this and is putting it on the probate form. I was just wondering if this debt is likely to be written off or would be taken out of her share of the will. Will reads estate to be divided up equally between the 3 children.

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No, debt will not be written off. Seeing as she is the executrix, she will be the one to make sure it is paid back into the estate.

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Originally Posted by proudpaws

... I was just wondering if this debt is likely to be written off or would be taken out of her share of the will. ...

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Obviously it should be deducted from her share. Your partner and his siblings should be vigilant in seeing that this is done.

Update : it seems that the debt was not included in the probate form and thus she has had an equal share of the monies left in the will but without her 23k being taken into consideration, where do we stand and who do we contact to sort this, is it still a probate issue?

I assume you are in the UK. If the "probate form" is incorrect for failure to include this debt owed by the executrix to the estate, you will need to take action in the probate case. To find out exactly what do do, and how soon you have to do it in, contact an attorney (solicitor).

Yes you file in pobate to act upon mistake in probate form. She should be reminded if she has already got the money to pay shares to the other heirs to prevent this.

Remember that 23 was to be paid back to estate, so a "share" of that is hers, so the 23 would be divided between all of the heirs ( including her) and that is each share.

Yes I think roughly £7,500 is the amount we are talking about. Yes I am in the uk and so is she. She is now saying that my partner needs to pay back all the favours that have been done by her husband going back over the last 30 years, i.e. jobs to my partners house that he carried out etc that he never charged for. Can she really do this?

So I have to contact a solicitor rather than the probate office?

So grateful for your help its much appreciated.