How do I make a claim against the Estate of someone who has died?

[Donny462]

Hi, I'm new to the forum but have been told about your site by several friends who have been helped through posts so I thought I'd see if you can help me please.

I am owed a considerable amount of money by someone who I have just found out, died 6 weeks ago!

The mans Wife knows he owes me money and she has actively helped him to avoid paying the debt, therefore hasn't notified anyone of his death who might know me, I only found out by chance that he is dead and buried!

My question is this, how do I go about making a claim against his Estate for the debt owed? I am sure his Late Wife will continue to avoid this debt and so I would also like to ask if there is any way I can freeze the assets of the Estate before she hides them

i know my post sounds harsh considering someone has died, but I have lived a helluva life since he took this money off me , him knowing he never intended to pay me back.

The unpaid debt has left me getting into debt myself to try and keep my head above the water. I cannot afford to pay a solicitor to act for me so am asking in hope, that someone on here can advise me.

Thank you.

[Peridot]

Hi Donny462,
How awful for you. Do you have any proof of the debt? Is there any paperwork and iou or somesuch? You will need to contact the widow I’m afraid in writing setting out what is owed and confirming you will bring a claim against the estate if this isn’t dealt with.
Did this person own their own property? Do you know if they will need to apply for probate?
If there is nothing in writing you may have difficulties pursuing this debt. It may be advisable to obtain a free half hour or reduced fee appointment with a litigation specialist solicitor just to go through what will need to be done and how if you are able to peruse this.

[Donny462]

Hi PERIDOT

Thank you very much for your reply.

Yes, I have substantial proof of the debt, including a signed letter acknowledging the debt, and copies of the Bankers Drafts given to him, I also have witnesses who will verify that this debt is owed and has been chased up numerous times. I also have proof of letters sent to him which he signed for but never acknowledged, but I have never let it drop.

He owned a property which he sold, (so he will certainly have had the monies from that), and then moved in with a friend and his Wife, the friend died and he married the friends Widow - the house is still in the name of his Wife`s Late Husband and herself I believe . I am unsure whether they will need to apply for probate, but as well as not paying my money back, he came into a significant inheritance two years ago when his Father died, however, he may well have put all of the money into his Wife`s name as I wasn`t the only one chasing him for money.

Would you know how I can find out if Probate was applied for please?

Thank you for your help to date.

[Peridot]

You need to get some face to face advice about making a claim against the estate. You can find if probate has been granted here: https://www.nrscotland.gov.uk/resear...and-testaments
if anything like the eng/wales procedure there is usually a charge to obtain a copy of the grant and will (if there is one) about £10.
Im not sure if there is a similar process to down here with regard to placing what is known as a section 27 notice. The notice is placed in local newspapers to alert creditors but from what you say they may not wish to do this! However here if that happened and later a claim was forthcoming the executor/administrator could be personally liable if no notice was made.
Hopefully you can find some further info from the link.

[Donny462]

You need to get some face to face advice about making a claim against the estate. You can find if probate has been granted here: https://www.nrscotland.gov.uk/resear...and-testaments
if anything like the eng/wales procedure there is usually a charge to obtain a copy of the grant and will (if there is one) about £10.
Im not sure if there is a similar process to down here with regard to placing what is known as a section 27 notice. The notice is placed in local newspapers to alert creditors but from what you say they may not wish to do this! However here if that happened and later a claim was forthcoming the executor/administrator could be personally liable if no notice was made.
Hopefully you can find some further info from the link.

Thank you once again for your help PERIDOT, I think the link you have given me relates to Scotland? I may be wrong as the rest of the page won`t load on my phone so I will check when I return home tomorrow on my main computer. I don`t mind paying to find the information out so thank you for that :-)

I have been trying to find evidence of his death, but have drawn blanks strangely enough? There is nothing registered anywhere, (that I know of to look), that states he has died, and I know a death has to be registered in order for a burial or cremation to take place...it`s all very odd and I am beginning to wonder if it`s a tale that`s been cooked up to keep away people who he owes money to as I know I`m not the only one. Surely someone wouldn`t lie about such a thing ? :/

Thank you again for your help, it is really appreciated.

[Peridot]

Hi Donny462,
Sorry about that I think I must have copied the wrong link or got it into my head this person was in Scotland! Here's the Eng/Wales one you need:- https://www.gov.uk/search-will-probate

[Peridot]

The above is to find a copy of a Grant of Probate and Will. Of course if a Grant has never been applied for there will be nothing to find. This link you can search for death certificates:- https://www.gov.uk/order-copy-birth-...ge-certificate

[Donny462]

Thank you for your help once again PERIDOT, I really appreciate it.
Since my last post I have now found out that the debtor has definitely died. However, it is looking like he had everything put into his Wife's name as there is no Will listed anywhere, nor has Probate been applied for
I am now really upset as I'm being told that his debt has died with him and there is nothing I can do now. Please can anyone tell me if this is true, or can I make a claim against his Wife?
Many thanks in advance.

[Donny462]

Can anyone advise me please?

Thank you.

[Donny462]

Thank you so much FRANZ123, yes I have all of the paperwork Thank you again, that's put my mind at ease x

[Donny462]

At last some hopefully good news! When I checked the site today, the persons death is registered and probate was also applied for. Apparently, probate was granted 17th May, so it could be that the proceeds of the Estate have already been distributed, which would obviously make things more difficult.

Please could anyone tell me if it would be the sensible thing to do, to write to the Wife first and give her the option of making me an offer to settle without it going any further ?

Any advice would be much appreciated.

[Donny462]

I have now received a copy of the persons Will and the Grant of Probate. He let under £30,000.00 in cash, but his Will is worded in such a way that it is clear he has other property, can I put the Will up for someone to give me their opinion please if block out the parts which identify the person? As with all Wills, it`s written in terms that I find quite difficult to understand. Thank you for reading this .

[Donny462]

Can anyone help me please?

[Aukey]

Hi Donny, try tagging Peridot as recent replies might have been missed...

[Donny462]

Thank you AUKEY ....erm, how do I tag PERIDOT please?