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Advice Needed On Debt Due From An Estate (Scotland)

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Oldred | 17:01 Sun 01st Jun 2014 | Civil
2 Answers

My Brother-in-law died recently and his estate consists mainly of the family home (no mortgage) which was registered in his name and a credit card account on which he owed £10k (no PPI).

My SIL is executrix and has received a letter from a firm of Solicitors acting for debt collectors who have purchased the debt from the CC company and she has a meeting with her Solicitor next week to discuss this.

I appreciate that the Solicitor will be able to advise her but she is very worried and we would like to give her whatever reassurance we can in the meantime and possibly make her aware of her possible options so that she can think about these before the meeting.

At the end of the day she will be guided by her Solicitor, who has already said that the matter is complicated, but it can't be unique and wonder if anyone has experience of a similar situation.

Her main worry is that the creditor can force an immediate sale of the property to recover the debt.

She acknowledges that the debt has to be paid but is unsure as to how this can best be arranged under the circumstances.

She would be able to offer a nominal weekly payment but the debt is owed by the estate and as there are no other assets she appreciates that the creditor may want to raise a charge against the property if they can't force a sale.

In the event of a charge being raised against the property would she still be able to transfer the property into her name with the debt being discharged when the house is eventually sold, and, would a charge against the property continue to attract interest?

She is expecting to downsize in the future but does not feel up to this at the moment although because of her age it should within the next 3-5 years.

The Will has not yet gone to probate and she wonders if she can/should proceed with this

Any thoughts about the possible outcomes would be greatly appreciated and any suggestions as to specific points that she should raise at the meeting with her Solicitor would be helpful.

Thanks in anticipation.

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I'm sure they can't do anything at all to recover any money or force any disposal of the house before probate is granted. Just send them a copy of the death cert, confirm that the executor is aware of the debt and that it will be cleared as soon as the executor has got the estate in order.
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Thanks FF.
That has already been done and it seems that is was that contact with the CC company which caused the debt to be passed to collectors.

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