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Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister entered into a Tomlin order in which the schedule

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My sister entered into a Tomlin order in which the schedule stated that if the agreed payments were not adhered to then she would agree to transfer property to the claimant.
My sister died some 3 months after this order and died without making a will, my younger sister was appointed administrator of the estate the total assets amounted to £229,461 but had creditors of 284,413 so there was no money to pay as per the schedule. The claimant is demanding a transfer of the property which is valued at over £100,000 with no payment into the estate. I am a large creditor in the estate of over £50,000 which if this property was transferred out of the estate without any payment being made then I would not get any money. I have read that if I am materially affected by the Tomlin Order I could ask the court to set aside the Tomlin order.
Is this correct and how do I go about it.

My name is Clare

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

How much is owed to the other party to the Tomlin Order?

Why was the order made?

Customer: replied 10 months ago.
112,500 is claimed Tomlin order was agreed in order to stay chancery high court proceedings

So the property is in fact equal to the value of the debt?

Customer: replied 10 months ago.
but the creditor wants the properties transferred to him for free without any reduction in his debt and he says he will sell them and pay the balance money into the estate the properties were valued at 140,000 and he has, my concern is that he will sell them to an associate below market value and then want more money from the estate
Customer: replied 10 months ago.
as a major creditor can I apply for the Tomlin Order to be set aside as with my sister death circumstances have changed dramatically to the detriment of the creditors

That is certainly not an acceptable position on the Creditors behalf and it is unlikely that a Court would enforce it on those terms

I would suggest that the Administrator go forward with whatever sale plans she currently has - if the Creditor applies to enforce the Tomlin Order then you can apply to be "joined into " the proceedings on the basis of your potential loss.

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
thank you do I have to apply to the court before any hearing or at the same time

Wait for the creditor to apply first - then apply to be joined in prior to the hearing - and this will then be considered at the first hearing

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