Relatives claiming repayment of loans from an estate

We acted for Mr K in relation to his mother’s estate in respect of allegations by relatives that they were owed money for repayment of loans that they alleged was made to Mr K’s mother.

Mr K, who was at risk of having his inheritance reduced substantially if the estate was held liable to repay the alleged loans, argued that the payments were in fact gifts by relatives, not loans, and therefore not subject to repayment by his mother’s estate.

The case involved complex legal arguments as to when presumptions of gifts or loans can be rebutted.

The dispute was settled on favourable terms for Mr K with the relatives accepting that only a small sum was repayable to them from the estate.

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