Personal Loan - Oral Contract?

cashie88

Hey guys,

My Gran Uncle is a semi well off man now living in a nursing home. Recently his deceased wives niece and her husband approached my uncle to ask him for a 'loan' of €15,000. He agreed to loan them the money, but in the meantime we have found out that he has in fact given them €20,000 which has left him with very little funds to pay his nursing home bills (the majority of his money is tied up in the post office for another two years)

I am well aware he is in his senses and respect that he is fully in his right to give them the money. They promised they would repay him within a month or two to both himself and to my mother (my uncle is my dads uncle!)

Is this in itself an oral contract and are they obliged to pay him back?

There is serious doubts that they will pay back but lets say hypothetically they dont, what are my uncles rights? He is now a bit worried that he gave too much and may not have enough money to pay his bills etc. Is this oral agreement enforceable in the eyes of the law? My family and I respect our uncle very much and just would not like to see his good nature been taken advantage of.

Thanks in advance

MarkAnthony

The problem in this sort of scenario (written, oral, telepathy) is enforcement full stop. Get proper legal advice before it becomes an issue.

I was going to mention intention to create legal relations but the byzantine complication of the above described relationship has made my tiny brain hurt.

Pat Mustard

cashie88 wrote: »

Is this oral agreement enforceable in the eyes of the law?

Mod:

Legal advice and requests for legal advice are not allowed, per forum charter.

No legal advice.