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Promissory Note Between Family Members for the United Kingdom

Promissory Note Between Family Members Template for England and Wales

A legally binding document under English and Welsh law that formalizes a loan agreement between family members. The document creates a written record of one family member's promise to repay a specific sum of money to another family member, including terms such as interest rate, payment schedule, and maturity date. It provides legal protection while maintaining the informal nature of family relationships.

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Promissory Note Between Family Members

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What is a Promissory Note Between Family Members?

A Promissory Note Between Family Members is commonly used when one family member lends money to another and wants to formalize the arrangement while maintaining family harmony. This document, governed by English and Welsh law, creates a clear record of the debt and repayment terms, helping prevent future misunderstandings. It includes essential information such as loan amount, interest rate (if any), payment schedule, and consequences of default, while being simpler than commercial loan agreements. It's particularly useful for substantial loans or when tax implications need to be documented.

What sections should be included in a Promissory Note Between Family Members?

1. Date: Date of execution of the promissory note

2. Parties: Names and addresses of lender and borrower

3. Promise to Pay: Clear statement of unconditional promise to pay specified amount

4. Payment Terms: Amount, interest rate, payment schedule, and maturity date

5. Signature Block: Space for signatures of both parties

What sections are optional to include in a Promissory Note Between Family Members?

1. Security: Details of any collateral - include when loan is secured against assets

2. Default Provisions: Consequences of default and remedies - include when formal enforcement mechanisms are desired

3. Early Repayment: Terms for early repayment - include when early repayment possibility needs to be addressed

4. Witnesses: Space for witness signatures - include when additional formality is desired

What schedules should be included in a Promissory Note Between Family Members?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Security Details: Description of any security/collateral

3. Interest Calculation: Method of calculating interest if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Law of Property Act 1925: Governs property law in England and Wales, particularly relevant if the promissory note includes any security interests against property

Consumer Credit Act 1974: Regulates credit arrangements, may be applicable for loans exceeding £140,000, though family arrangements might be exempt

Limitation Act 1980: Sets statutory time limits for enforcing debts, typically 6 years for simple contracts, crucial for establishing repayment terms

Statute of Frauds 1677: Requires certain contracts to be in writing and signed, particularly relevant for guarantees and promises to pay

Contract Law principles: Fundamental principles including consideration, intention to create legal relations, and capacity to contract, especially important in family contexts

Bills of Exchange Act 1882: Sets out basic requirements for promissory notes, including legal form and enforceability standards

Financial Services and Markets Act 2000: Ensures the loan arrangement doesn't inadvertently fall within regulated financial activities

Income Tax Act 2007: Relevant for tax treatment of any interest payments on the loan

Inheritance Tax Act 1984: Important considerations if the loan becomes a gift or for inheritance tax planning purposes

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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