Family debt...now court claim received.

[Ethel Street]

So sorry to hear about your wife's death. In the awful circumstances of your wife being killed I can see how researching the law on this was not your first priority.

 

But it might be helpful to note that even if this debt does exist you personally are not legally liable for repaying it and cannot be sued in the county court. Nobody is responsible for or obliged to pay their spouse's debts. (Unless you had formally guaranteed the debt, which is not the case here.)

 

As for the payments you have already paid, if your b-i-l claimed this showed you accepted liability for the debt you'd have a strong defence. You would say, correctly, that you made the payments in error because you thought you were legally liable, and stopped paying when you discovered that you weren't. And I believe you could then recover payments made in error, but that needs researching a bit more.

 

The legal liability to repay this (if it is a loan that is legally repayable - that's yet to be established) falls on your late wife's Estate. Did she leave a Will? If so it's the responsibility of the Executors to satisfy themselves that the debt is actually due, and if it is to pay it.

Who are the Executors? That may be you too, but suing you as Executor isn't so straightforward. Is there sufficient money in your late wife's Estate to pay this debt if it is actually repayable?

 

It's not at all clear that this is a loan that could be recovered in court anyway. The court would have to decide whether it was a loan or a gift between brother and sister. Your b-i-l would have to prove to the court that the alleged loan was made. The court will not automatically accept it exists merely because he says so.

[Ethel Street]

anney63, please can give more information about your late wife's Will.

Did she leave one? If so who are the executors? 

They are responsible for paying any debts of your late wife.

 

Also can you post up on here a copy of the claim form you have received (with all identifying information, claim numbers, bar codes etc removed).

 

I've been away and only just logged back into CAG to read the thread.

I see you has until yesterday to respond.

 

What defence did you send (identifying details removed again)?

[Ethel Street]

anney63 I am sorry to hear what has happened. It all sounds rather odd from  legal point of view. As advised earlier you are not responsible for your late wife's debts unless you have personally guaranteed them. It sounds as if the court decided that you had guaranteed the debt yourself and created some form of contract between yourself and your BiL to repay the debt.

 

It would help us understand what has happened if you can post up on here the original claim (with all personal identifying information removed).

 

I also don't understand why the debt wasn't paid from your late wife's Estate. I asked about this in post 10 above. Can you give the information asked for in that post please. (Again don't identify names)

[Ethel Street]

I realise how difficult this is for you but without more details and seeing the actual claim it's almost impossible to advise what you might be able to do next. 

 

Your wife left no Will so who administered her Estate? Who was granted Letters of Administration by the Probate Office? Was there enough money in the Estate to pay the alleged loan from her brother? Why wasn't it paid rom the Estate?

 

If you post the claim made by your BiL on here (identifying details removed) it will help us understand the legal argument your BiL was making.

Edited August 13, 2019 by Ethel Street

[Ethel Street]

It's OK in that it doesn't matter who pays it, if the debt the court ordered you to pay is paid by someone then it is settled and that is the end of the matter. There's no further appeals you can make and no way (AFAIK) of re-opening it if your partner has paid it on your behalf.