Interim charging orders on deeds

crystal_clear

I am of the impression/ understanding that probate is not required although national debtline say it is ...... thats why tomorrow contacting the probate helpline to get that clarified fully and take advice on being personal representitives rather than executors or administrators.
The funeral hasnt even been held yet so I think I am pretty on the ball in finding out all the correct procedures needed to be taken before just jumping and and doing things and making a mess of things for my uncle who is at a total loss and grieving.

Its all thanks to these boards and the people on them that I am able to help out with advice on what or who is the next port of call to get my Aunts affairs in order and lighten the load on my Uncle.

Crystalclear

Thrugelmir

crystal_clear wrote: »

I am of the impression/ understanding that probate is not required although national debtline say it is ...... thats why tomorrow contacting the probate helpline to get that clarified fully and take advice on being personal representitives rather than executors or administrators.
The funeral hasnt even been held yet so I think I am pretty on the ball in finding out all the correct procedures needed to be taken before just jumping and and doing things and making a mess of things for my uncle who is at a total loss and grieving.

Its all thanks to these boards and the people on them that I am able to help out with advice on what or who is the next port of call to get my Aunts affairs in order and lighten the load on my Uncle.

Crystalclear

A 30 minute conservation with a solicitor would answer all your questions. For your Uncles sake I suggest you do. As the last thing he needs is further stress at this difficult time.

The law is in place for good reason. Nothing new in defaulting on creditors.

Wish you well. When all is resolved please come back and update.

crystal_clear

this is an update on post i made in funeral and death board

After many phone calls I have made today I think I am possibly getting somewhere nearer clearing this up. Dont need to go into probate or letter of administration. Just need to write enclosing death cert to both companies holding the restrictions to inform them of Aunts death and requesting details ..... they should then reply to acknowledge receipt of death cert along with either a letter stating files amended to show they are no longer enforceable or worst case senario that they did get final charging orders (i personally think the 1st would be the case) then i can forward that to land registry along with death cert to prove the restrictions have been complied with and hope i am correct in what i am told the land registry should be satisfied enough update deeds and cleanly award the sole ownership to Uncle as would have been the case should Aunt never have had any restrictions placed in the 1st case ......
please correct me if i am in anyway wrong Land registry and also would Uncle need to file a form of any sort along with the proofs above i mentioned ?

crystalclear

Land_Registry

Evidence of death will be taken from the original/certified copy of the death certificate - see the online FAQ for guidance on what is required. I would recommend lodging a certified copy of the death certificate to safeguard the original.

As far as the Restrictions are concerned you will need to complete and lodge forms RX3 (RX4 if the persons with the benefit of the charging orders wish to apply to withdraw the restrictions - probably unlikely).

We will cancel the restriction(s) if we are satisfied that the restriction is no longer required. Until such time as an actual application is submitted we cannot confirm or otherwise whether either the evidence lodged is sufficient or the application itself is complete.

Note - I have not responded to your duplicated posts on the other thread Charging Order - the myth. You may wish to link the two threads in some way.

getmore4less

There is no requirement to administer an estate if you don't want to.

despite what some think and that seems to be the debtline as well.

With an insolvent estate it is unwise to even consider it in most cases.

There are somethings you can't do without becoming prersonal representatives(administrator/executor) but so far these do not seem to apply in this case.


My concern still lies with the process and allerting the creditors, I have no experience of this area of restrictions but would tread carefully.

As has allready been pointed out even with a joint tenancy the creditors can go after the share of the house.