Tweet
Hello,
Following the divorce of my parents back in the early 90s, it was agreed that my father would pay my mother's legal fees. This debt was security against my father's share in the family home (25%).
My father went on to remarry.
In December 2017, my father passed away. He had made a will many years earlier, and had appointed his wife as the sole executor of his estate. Myself and my brother were the beneficiaries of his share in the house he shared with my mother. His wife was the sole beneficiary of the remainder of his estate. In addition, upon his death his 3 children were provided with a letter he had apparently dictated to his wife, which along with confirming my brother an i as beneficiaries of his share in my mother's home, but also suggests upon his wife's death, we would also benefit from his share in that property.
In an effort to help my father's wife, I obtained details of the divorce settlement and charging order and provided them to her. She has refused to pay, instead saying 'we'd had enough out of them', and saying my brother and I should settle this debt.
In the subsequent 18 months+, she has avoided engaging with us with regards to my father's estate, choosing to not provide any details or updates and when directly asked refused to provide us with anything meaningful aside from grumbling about the number of phone calls she has needed to make.
She has recently stated that she has transferred his share of my mother's property into my mothers name, despite this not being his instructions. My mother has had no contact or communication to suggest this has happened.
She has also failed to make any attempt to repay his debt which is secured against my mother's property.
I've seen the court order from my parents divorce, and it is clear that this is my father's debt, and it is secured against my father's interest in the property. It is also clear that my father has no rights to the property unless my mother chooses to sell it, or she dies first.
How can i resolve this?
1. Can a debt be transferred to another party? Ie. is this charge now the responsibility of myself an my brother as owners of my fathers share in the property?
2. What happens to charging orders when the debtor dies, and the order is secured against a minority stake in a property?
3. What happens if an executor refuses to recognise, ans subsequently settle a debt?
Thanks
J
Following the divorce of my parents back in the early 90s, it was agreed that my father would pay my mother's legal fees. This debt was security against my father's share in the family home (25%).
My father went on to remarry.
In December 2017, my father passed away. He had made a will many years earlier, and had appointed his wife as the sole executor of his estate. Myself and my brother were the beneficiaries of his share in the house he shared with my mother. His wife was the sole beneficiary of the remainder of his estate. In addition, upon his death his 3 children were provided with a letter he had apparently dictated to his wife, which along with confirming my brother an i as beneficiaries of his share in my mother's home, but also suggests upon his wife's death, we would also benefit from his share in that property.
In an effort to help my father's wife, I obtained details of the divorce settlement and charging order and provided them to her. She has refused to pay, instead saying 'we'd had enough out of them', and saying my brother and I should settle this debt.
In the subsequent 18 months+, she has avoided engaging with us with regards to my father's estate, choosing to not provide any details or updates and when directly asked refused to provide us with anything meaningful aside from grumbling about the number of phone calls she has needed to make.
She has recently stated that she has transferred his share of my mother's property into my mothers name, despite this not being his instructions. My mother has had no contact or communication to suggest this has happened.
She has also failed to make any attempt to repay his debt which is secured against my mother's property.
I've seen the court order from my parents divorce, and it is clear that this is my father's debt, and it is secured against my father's interest in the property. It is also clear that my father has no rights to the property unless my mother chooses to sell it, or she dies first.
How can i resolve this?
1. Can a debt be transferred to another party? Ie. is this charge now the responsibility of myself an my brother as owners of my fathers share in the property?
2. What happens to charging orders when the debtor dies, and the order is secured against a minority stake in a property?
3. What happens if an executor refuses to recognise, ans subsequently settle a debt?
Thanks
J
