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Has the loan of 42,000 been paid back (to the estate) yet?
If yes : then you should receive the full 70,500
If no : then you should receive 28,500 and keep the 42,000 that you have already received *but do not replay the loan*
It sounds to me like the loan has not been repaid, and so the 42,000 can be kept and considered to be an advance on the inheritance. Which means the second option of paying the balance of 28,500 is correct.
The executor is correct.
Easiest way to run the maths is to keep the two numbers separate.
Everyone is due 1/6th the estate as is, and everyone is due 1/6 the 42k. They also owe 42k.
So £381k/6 = £63,500 = a.
£42k / 6 = £7,000 = b.
Everyone is owed a + b = £70,500
They owe £42k, so £70,500 - £42000 = £28,500
But if we keep them separate, your friend gets £63500 (1/6 of the estate as is) and your friend pays back £35000 (5/6ths of the £42k they owe, because they inherit 1/6th of it).
63500 - 35000 = £28,500.
The executor is correct.
Your brother can’t do math as he’s subtracting the £42k twice (once when you return it and twice when it’s taken out from your portion). There’s 2 options - you either return the £42k and get £70.5k like everyone else (as that loan practically doesn’t exist then) or you don’t return the £42k and only get an additional £28.5k.
In both scenarios you’ll end up with £70.5k.
The executor is correct (as others have said).
The fathers estate is £423k made up of the assets you mention are in the will plus a 42k debt owed to the estate.
All 6 children are entitled to an equal share = £70,500.
Instead of asking your friend to pay back the 42k just to distribute it back out, he is simply deducting that from your share. Your friend could repay 42k and get 70,500 back or he can not repay the loan and get 28,500. It works out the same but the way the latter option is the most logical and convenient for all concerned
💯correct… you’ve not paid back the debt back and instead of calling in your debt and forcing you to sell quickly they’re just taking it off of your share… but if you sum the debt and £28,500 you have the same as the others, totally fair!
NAL - but dealing with probate.
Probate can't close (at which point inheritance is divided) until the estate has settled. So it's either wait for the house to sell, pay the loan back to the estate, receive inheritance. Or do as described. There is no option to receive the inheritance now and pay the money back to the estate after. (Some info taken from additional context provided in the original post)
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Has the loan of 42,000 been paid back (to the estate) yet? If yes : then you should receive the full 70,500 If no : then you should receive 28,500 and keep the 42,000 that you have already received *but do not replay the loan* It sounds to me like the loan has not been repaid, and so the 42,000 can be kept and considered to be an advance on the inheritance. Which means the second option of paying the balance of 28,500 is correct. The executor is correct.
The sums are right assuming you’ve not repaid the £42,000
Wasn't this answered a few days ago? https://old.reddit.com/r/LegalAdviceUK/comments/189tood/a_dispute_with_siblings_over_fathers_estate/
It's for my friend who's not very good at maths.... wants confirmation he's not being stitched up Thanks
What would everyone have got if you hadn't had this loan? Why do you think the loan to you should be ignored?
Don't pay back the 42,000 of he's going to deduct it again from the distribution.
Easiest way to run the maths is to keep the two numbers separate. Everyone is due 1/6th the estate as is, and everyone is due 1/6 the 42k. They also owe 42k. So £381k/6 = £63,500 = a. £42k / 6 = £7,000 = b. Everyone is owed a + b = £70,500 They owe £42k, so £70,500 - £42000 = £28,500 But if we keep them separate, your friend gets £63500 (1/6 of the estate as is) and your friend pays back £35000 (5/6ths of the £42k they owe, because they inherit 1/6th of it). 63500 - 35000 = £28,500. The executor is correct.
Your brother can’t do math as he’s subtracting the £42k twice (once when you return it and twice when it’s taken out from your portion). There’s 2 options - you either return the £42k and get £70.5k like everyone else (as that loan practically doesn’t exist then) or you don’t return the £42k and only get an additional £28.5k. In both scenarios you’ll end up with £70.5k.
The executor is correct (as others have said). The fathers estate is £423k made up of the assets you mention are in the will plus a 42k debt owed to the estate. All 6 children are entitled to an equal share = £70,500. Instead of asking your friend to pay back the 42k just to distribute it back out, he is simply deducting that from your share. Your friend could repay 42k and get 70,500 back or he can not repay the loan and get 28,500. It works out the same but the way the latter option is the most logical and convenient for all concerned
If you return the money then it should not be subtracted again from your share.
💯correct… you’ve not paid back the debt back and instead of calling in your debt and forcing you to sell quickly they’re just taking it off of your share… but if you sum the debt and £28,500 you have the same as the others, totally fair!
NAL - but dealing with probate. Probate can't close (at which point inheritance is divided) until the estate has settled. So it's either wait for the house to sell, pay the loan back to the estate, receive inheritance. Or do as described. There is no option to receive the inheritance now and pay the money back to the estate after. (Some info taken from additional context provided in the original post)