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Is a Promissory Note suitable for this?

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  • Is a Promissory Note suitable for this?

    My mother died about 13 years ago when I was still a child, I was not named in the will but was told by my Father that I'd be given my share once I was a certain age. I have had part of this money and have been told I will receive the rest once a property is sold. So there are no problems in the future I would like to have something legally binding in writing confirming this. Would a Promissory Note be suitable for this? When I have been reading about them online they all seem to mention people lending money, I haven't lent my father any money it's just something that has always been verbally agreed. So would one of these work for me or do I need another type of contract? I'm from the UK.
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  • #2
    I'll tag Peridot for you. Do you have reason to believe that your Dad won't give you the money promised? Had your mum not made provision for you in her will at all, to be paid when you reached a certain age or anything ? So this is just your Dad doing what he thinks she would have wanted ?
    Presumably you have seen a copy of her will?
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    • #3
      Hi Terrier92,

      A promissory note can be used to make a promise to pay a certain amount on a fixed or determinable date in the future, whether its a promise to pay a debt or to make a payment to someone.

      I am unsure whether it would be appropriate though. From the brief information you have given (do correct me if I've made the wrong assumption) it appears that you may not have been left anything in your mother's will, but your father indicated that she would have wanted you to have something. Is that correct?

      If this is the case then it would appear to only be an indication by your father he may give you some money, not that you are legally entitled to any.
      Is there anything specific you needed the money for? Do you know what your father's Will states, does he leave his estate to his children? It is often the case spouses leave their estate to each other and then on the death of the surviving spouse the estate gets divided up between children.

      As Amethyst mentioned it may be sensible to get a copy of your mother's Will to check whether you were in fact left a legacy and what the terms of the legacy are. It may be that any legacy is conditional upon you reaching a certain age for example, but this is immaterial if you have not been left anything under her Will.

      Would it be reasonable to ask your father for a promissory note in relation to a comment he made suggesting your mother would want to give you some money, if she did not make provision for it in her Will.

      Once we have some more information from you we may be able to give you some more pointers.
      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

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