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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My wife is executor under her fathers will. The will leaves

Resolved Question:

My wife is executor under her father's will. The will leaves a bequest to a family member, call her Jane. Some years ago Jane stole a substantial sum from another family member, call him Alan. Alan later got a CCJ against Jane but has been unable to recover the money. Should my wife pay the bequest to Alan? Can Alan take action to ensure this? (We tbhink he has a moral right to it.)
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

From what you say Alan has a CCJ against Jane which remains outstanding. Has Alan attempted to enforce the judgement to date please?

Customer:

Yes - by an order against her bank.

Customer:

NB - all this happened some years ago.

Joshua :

Thanks. Yes in deed. All Alan need do is apply for a third party debt order against your wife as executor (as well as any joint executors). This is an order ordering your wife as executor to pay from the legacy due the amount ordered. Without such an order your wife should not pay the legacy to anyone other than Jane as Jane may have a claim against her if she does. Your wife could delay the payment for a reasonable period however without fear of too much action to allow Alan to make the above application but if she is concerned to assist Alan, Alan should make the application as soon as possible.

Customer:

That's very clear Joshua.

Joshua :

The application can made using the following form:

Joshua :

N349

Joshua :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n349-eng.pdf

Customer:

But there's a complication I left out. In fact I am Alan so I would have to get the order against my wife. Does that make any difference to the answer? My wife and I are working together on this - there's no friction.

Joshua :

Ah I see - that doesn't actually complicate anything as far as the law is concerned. The personal relationship you have with your wife does not change the position legally. You can apply for all costs in making the application so you will not be out of pocket. It is just an administrative issue for you

Customer:

OK Joshua. That's very satisfactory - I thought we'd have to pay a cheque to a person who robbed us!

Joshua :

No there should be no problem. Your wife just needs you to apply for the order or she may find herself exposed to a claim by Jane. It should be fairly straightforward - don't forget to add costs and interest due

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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