I have found my late uncle's unsigned 'Deferred payment arrangement'. Is there an implied contract so I have to pay?

11 October 2021

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Question by Rory

Hi can you help. I'm handling my late uncle's estate and I've recently been made aware of a 'Deferred payment arrangement' with Newcastle city council amounting to approx £16k. I asked for a copy of the DPA but it's unsigned and I've also discovered that no legal charge was made by the council. The council have not formally asked for payment. A friend has told me that despite the DPA being unsigned and no legal charge has been made, I will still have to pay it, as there's been an 'implied contract'. Can you give me some advice on this please?


Answered by Oliver McDonald

Hello,

Thank you for your question.

I have noticed your question has been on the site for a while and not been answered. This is because it relates more to law, than financial planning. However, I have come across the 'implied contract' situation myself. Normally there still needs to be a record of an interaction where the contract has been presented (email/letter etc). I am not a legal expert though, so you should seek legal advice for this. Happy to recommend a good solicitor who can help.

Alternatively, the website Legal Beagles could be a good place to start.

Hope that helps.

Oliver McDonald

*This answer is for information purposes only and should not be relied upon for advice.

Answered by

Oliver McDonald

Director & Independent Financial Adviser

I have worked in financial services for 15 years gaining extensive experience in financial planning. I am a people person. You will rarely find me explaining complex spreadsheets or using jargon. I keep my conversations at a high level and realised early on that financial planning is all about helping my clients achieve the lifestyle they want in future. I work with individuals, business owners and entrepreneurs. I specialise in retirement planning, investments and business protection.