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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I want to ask about wether an assignment of debt is now null

Customer Question

I want to ask about wether an assignment of debt is now null and void.
The Assignment of debt was between my late fathers business (limited company) and the executors of his estate. 3 people were named as executors on the deed of assignment.
However, it has now been noticed that only 2 of the named persons were actual executors, the third person was never an executor but was a director of the limited company.
The deed was signed by an actual executor.
As there has been an incorrectly named executor, could this nullify the assignment of debt from the limited company to the estate.
Many Thanks
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why was the assignment entered into in the first place?

Customer: replied 8 months ago.
We sold a part of my late fathers business to another company and they agreed to pay by instalments. We wanted to dissolve my late fathers company so we had to assign the debt (the remainder of the instalments left to pay) to the executors of his estate.Thanks for your reply!
Customer: replied 8 months ago.
When will you be in a position to give us more information please - we need to move quickly on this problem.Many Thanks
Customer: replied 8 months ago.
We have re-submitted our question and got it answered elsewhere now. Thanks