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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12863
Experience:  30 years as a practising solicitor.
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My ex husband and I divorced in 2015. We had a joint account

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My ex husband and I divorced in 2015.
We had a joint account which I funded so that he could improve our marital home in order to sell the property.
After this was complete he overdrew the account so it was not possible for me to close the account. I had spoken to the bank on two occasions and there was no way around it without me paying off the overdraft.
I wrote to him about it in 2017 and he replied with an undertaking to pay off the overdraft (£477). He didn’t and he has now died.
Is it possible for me to make a claim against his estate? If so how should I go about it?
Customer: replied 6 months ago.
I would also like to know whether clearing the overdraft would compromise my case if I have one.
And... I will be moving to Scotland at the end of April. Which laws would apply- Scottish or English?

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.

Customer: replied 6 months ago.
If his executor refuses to acknowledge my letter which I think is likely... should I write to the probate court? Or take action in the small claims court?
Customer: replied 6 months ago.
Thank you for your answer, I will be leaving a positive response
Customer: replied 6 months ago.
I would like you to anwer my question about clearing the overdraft (to avoid further charges)

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.

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