This would have had more incisiveness, if not for the delicious irony that you’ve misspelled ‘sentence’.. and what I assume is meant to be ‘together’, is just a complete mess.
Even if it was a verbal agreement it may still be binding if he has proof he sent the money (bank transfer) AND proof that installments were already being repaid. If he also has emails / text messages to back it up he sould be ok.
Pretty lol Tony making up the contents of this non-existent loan agreement on the spot, when faced with perfectly reasonable questions about the contents of it.
“There’s no reason to think that you wouldn’t, is there Tony?” I bet everything after “wouldn’t” wasn’t listened to, that there is actually a reason but Tony is now saying “I’ve spoken to a lawyer and he says I’ll definitely get it back”.
Why would you need to fill a form? - thats not true. Nothing in Section 27 Trustee Act or the Administration of Estates Act says you have to fill out a form. I have been dealt with about 800 estates over 50 years - never seen a form and I have worked in quite a few firms of solicitors and trust companies.
There was no loan agreement. He said there was when put on the spot because he knew that he was probably screwed if he admitted that it was just a verbal agreement, so everything asked after that he was just winging it with answers, hence the delays in replying. Basically most of the conversation was a waste of energy because he was getting advice based on something that was made up.
He sounds a bit sus he was vague answering questions don't know if I believe him and who would go over the family after the person died let them gieve first before going after someone fir money surely if there's other debt wouldn't the other debt take priority over that loan
If I was the dead persons family I would tell him to go away and don't speak to me. He doesn't seem to have much sympathy especially as he stated the death has only just occurred
I was interested when he said, if the estate doesn't pay the money back, the Executor is personally liable, what happens if the estate is insolvent and can't service the debt is the executor still liable...?
As far as I'm aware being an executor _doesn't_ make you liable for the estate's debts. The only situation where I think you might be liable is if you, as the executor, screw up somehow.
@@KieranTully That's a valid point. If the estate doesn't have enough assets to cover the outstanding debts then he may be out of luck. It's also the reason why you need to lodge any claims as soon as possible; once dispersements have been made I'm pretty sure that's it.
This is actually rather poor advice. It’s clear the caller doesn’t actually know who the executor is, so he should have been advised to make a standing search at the Probate Registry. This would have meant that he would have been automatically notified as soon as the executor applied for probate. But if he doesn’t know for sure who the executor is sending the claim to the person he thinks may be the executor is potentially a waste of time. Also, there is no “standard form“ as DB says. I suspect he was getting confused with the situation where a company is insolvent. Finally, it’s by no means normal for a solicitor to be appointed as co-executor - the vast majority of wills do not appoint a solicitor as executor.
To be fair, despite the fact it sounds like he's not telling the full story, daniel can only go on the answers that the caller gives. I think he was telling daniel what he wanted to hear to the answer but wouldn't it be wrong of him to not listen to the answers the caller gave?
What I thought, its not a priority debt and from the way he was answering questions, you just know it was a handshake loan, he was 100% lying, there was a contract
![When can I insist on working from home? [LBC Legal Hour]](http://i.ytimg.com/vi/UCyyC3xSCC0/mqdefault.jpg)
![When can I insist on working from home? [LBC Legal Hour]](/img/tr.png)
The legal hour cracks me up. It's just an hour of Dan asking 1 question and the caller then answering a different question
Don’t believe he has a loan agreement for a second
yep he had no answers for the very specific and basic questions LOL
Not a formal one any way. Probably all verbal agreement
*quickly writes a loan agreement*
Is it a formal loan agreement?
Tony: 🗿
Tony:⚙️⚙️⚙️
Tony ….yes
🤣
His idea of “formal” is a whatsapp message
@@hks-lion Under British law a Whatsapp message actually may form a valid contract
@@truth.speaker it might but probably only if there was sufficient detail in the message regarding how and when it was to be repaid
@@hks-lion either way, if it's clearly a loan, it's clearly a loan
@@truth.speaker _And a thumbs up emoji counts as a signature, as a recent case recently was judged._
Anyone who has 65k to loan should not be calling a free legal hour radio show for Christs sake.
well he doesn't anymore, that's kinda the point
Sounds like he doesn’t have anything here in terms of agreement.
The caller is making this up as he goes along.
He didnt die, he went on a jolly to Spain
You lend money at your own risk!
Draw the terms and conditions, and have it witnessed and signed by all parties,at a solicitors office.
No good deed goes unpunished.
I thought the caller died at 0:38
Looks like he didn't really die but ran off to Brazil.
Thank you very much.
Wish I had a mate like that!
The fact this man has 65k to give someone is shocking he cant string a basic sentance togeather
He's not alone on that either
I suspect that he also didn't check how many other loans the borrower had and whether or not the house had already been pledged as security.
This would have had more incisiveness, if not for the delicious irony that you’ve misspelled ‘sentence’.. and what I assume is meant to be ‘together’, is just a complete mess.
I hear he can spell though.
Even if it was a verbal agreement it may still be binding if he has proof he sent the money (bank transfer) AND proof that installments were already being repaid. If he also has emails / text messages to back it up he sould be ok.
Pretty lol Tony making up the contents of this non-existent loan agreement on the spot, when faced with perfectly reasonable questions about the contents of it.
“There’s no reason to think that you wouldn’t, is there Tony?”
I bet everything after “wouldn’t” wasn’t listened to, that there is actually a reason but Tony is now saying “I’ve spoken to a lawyer and he says I’ll definitely get it back”.
From his estate.
Why would you need to fill a form? - thats not true. Nothing in Section 27 Trustee Act or the Administration of Estates Act says you have to fill out a form.
I have been dealt with about 800 estates over 50 years - never seen a form and I have worked in quite a few firms of solicitors and trust companies.
Personally liable. That tends to motivate people.
He doesn't know what he's got does he! 🙂
Something not right with this one, felt like the whole truth wasn't being told.
There was no loan agreement. He said there was when put on the spot because he knew that he was probably screwed if he admitted that it was just a verbal agreement, so everything asked after that he was just winging it with answers, hence the delays in replying. Basically most of the conversation was a waste of energy because he was getting advice based on something that was made up.
Don’t sound like a friend to me!
*friend has died suddenly*
...
"I WANT MY MONEY BACK"
...
Hmm.......
I’d expect my family pay this man back
That is a relief he was expecting to have to ask the deceased's family for the money.
@@paulmidsussex3409 very generous I think
He sounds a bit sus he was vague answering questions don't know if I believe him and who would go over the family after the person died let them gieve first before going after someone fir money surely if there's other debt wouldn't the other debt take priority over that loan
Contact the bank
If I was the dead persons family I would tell him to go away and don't speak to me. He doesn't seem to have much sympathy especially as he stated the death has only just occurred
Says a lot about you..😂
I was interested when he said, if the estate doesn't pay the money back, the Executor is personally liable, what happens if the estate is insolvent and can't service the debt is the executor still liable...?
As far as I'm aware being an executor _doesn't_ make you liable for the estate's debts. The only situation where I think you might be liable is if you, as the executor, screw up somehow.
@@loc4725Also, it doesn't sound like a secured loan, so other creditors could have priority.
@@KieranTully That's a valid point. If the estate doesn't have enough assets to cover the outstanding debts then he may be out of luck.
It's also the reason why you need to lodge any claims as soon as possible; once dispersements have been made I'm pretty sure that's it.
This is actually rather poor advice. It’s clear the caller doesn’t actually know who the executor is, so he should have been advised to make a standing search at the Probate Registry. This would have meant that he would have been automatically notified as soon as the executor applied for probate.
But if he doesn’t know for sure who the executor is sending the claim to the person he thinks may be the executor is potentially a waste of time.
Also, there is no “standard form“ as DB says. I suspect he was getting confused with the situation where a company is insolvent.
Finally, it’s by no means normal for a solicitor to be appointed as co-executor - the vast majority of wills do not appoint a solicitor as executor.
To be fair, despite the fact it sounds like he's not telling the full story, daniel can only go on the answers that the caller gives. I think he was telling daniel what he wanted to hear to the answer but wouldn't it be wrong of him to not listen to the answers the caller gave?
Sh!t happens
I am not sure I believe him, he is being very vague and at points not answering at all
call me sceptical but it doesn't sound like £65k was owed. probably borrowed £65 and now chancing his death to get more... 😱
You don’t get your money back - Simple
What I thought, its not a priority debt and from the way he was answering questions, you just know it was a handshake loan, he was 100% lying, there was a contract
Hahahahahaha Gammon Liar.
Boomers be booming….
god the bloke who dies probly topped his self listening to you hashtag get on with it
How are people so stupid? This channel just breaks my head sometimes.