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Thank you for your question. If you have an undertaking by your late ex husband to repay the overdraft then that is enforceable against his estate as an agreement between the two of you. You should direct a claim to the executor of his will or administrator of his estate and your husband’s residence will determine jurisdiction. Your move to Scotland will have no bearing on that. I hope that helps. Please leave a positive rating so that I am credited fro my time.
You would take action in th small claim court. And no clearing the overdraft would not compromise your claim. I hope that helps. Please leave a positive rating so that I am credited for my time.