If your adult child does not pay a loan, you may need to take legal action with Small Claims Court (up to $25,000 for loans). The Small Claims Court has less formal and less complex rules and procedures than the Supreme Court. Don`t worry if you don`t have solid evidence that it`s a repayable loan. The assumption of a “good deal” or “successful trust” means that you will succeed unless your child can provide sufficient evidence to the defence against the application to rebut the presumption. This is understandable in the current circumstances, but it may prove to be a mistake. The child may later deny that it was a loan and insist that it was more of a gift. The child may feel that he is going to inherit that money anyway, so now take it. There is no documentation or other evidence to prove what was intended. Parents may not have wanted to insult their child by asking for the usual formalities, but they will now face the likely outrage of bringing their own child to justice. It would have been better to be a little more “like a business” in managing their money in general.
There are often times when the evidence is balanced in a case, so it would be difficult to decide one way or another. In the case of these family loans, without solid evidence, and one page that says “credit” and the other says “gift,” what should a judge do? Some legal situations are automatically decided in one direction, unless the other party can prove that the case must be decided in their favour. These are called “presumptions of law.” The law “assumes” that something is the case, and the other party must “refute” that presumption by proving with evidence that the presumption should not apply. Read: Should Customers Receive Family Loans to Pay Mortgages? The maritalization of a child may call into question whether the parents intend to give a gift or a credit. Clients should be aware of their intentions when transferring assets or assets to their children and be aware that the timing of the gift or loan may affect who owns the property after adultery. There was also much discussion in the case with his mother`s other advances on whether a loan contract had been prescribed and ineffective because of its wording. If you have more than one child, you should add a loan provision to your will. If the child lender has not repaid his credit at the time of your death, the outstanding loan must be allocated and the first share of that child in a family estate must be taken into account in order to make it fair to your children.