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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I obtained an interim charging order in relation to a judgement

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I obtained an interim charging order in relation to a judgement for a debt. A few weeks before the final charging order was made the Defendant died. At the time of the hearing of the application for a final charging order the Court had not been made aware by the personal representative of the Defendant that he had died. I had applied for the relevant restriction at the land registry as I had the final charging order I have now received notification of a hearing to establish whether the final charging order should have been made on 29th April as the Defendant had died on the 8th April and the court were not aware. I believe correspondence has been submitted to the Court from the Pers Rep of the Defendant but I had not received any notification until the General Order saying there was to be a further hearing. What Do I need to do now to protect my interest
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The court will decide whether the interim order should have been made final. You need to submit a witness statement giving a chronology and whether the Court was made aware of the information when it was made final.
Therefore you should file a statement to protect interest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi there, The history is that I attended the initial hearing in Birmingham when judgement was given in my favour. The defendant has not attended any hearing - although it was transferred back to Blackpool (his home town) All other communication with the the Court has been by correspondence. What I need to know is the law in relation to a defendant who has died I have the benefit of a Interim Charging Order and therefore why should it not be made Final just because he has died? I need to write back to the Court in this vein and need to know the law in this regard. His daughter (who advised me of his death after the hearing) is now I believe his personal representative.

Expert:  Ash replied 2 years ago.
If it is interim that just means its temporary. It's the date of the final order that matters. If it's the case they died in between the court may view this as a debt of the estate and can't be secure as it is the final order that matters.
You should attend the hearing in Blackpool. Does that clarify?
Alex
Customer: replied 2 years ago.

If the Court decide that the final charging order cannot be relied upon - what remedy do I have to protect the debt? Can I put a caveat on the deceased's estate - and if so how do I go about that?

Thanks

Expert:  Ash replied 2 years ago.
If there is a debt, it must come out of the estate. They can't just leave it, it must be paid.
Does that help?
Alex
Customer: replied 2 years ago.

Yes, but how do I ensure it is paid from the estate? How do I protect my interest?

Expert:  Ash replied 2 years ago.
Because as part of probate they have to pay you out otherwise you can sue the representatives. You can't do a caveat because you are not challenging the validity of the will.
Does that help?
Alex
Customer: replied 2 years ago.

Hi again. Should I just write to the personal representative (Miss M. Neiman - daughter) - who I assume is challenging the Final Charging Order - and advise her that she is obligated to pay as part of the probate otherwise I can sue her directly?

Expert:  Ash replied 2 years ago.
Yes.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex