The provision of section 35 administration of estates act and loans

Ap_hazard_42

Hi, Please could someone explain this act in simple terms. I have had a look on the gov website but its difficult to understand.


The provision of section 35 administration of estates act.


There also seems to be exceptions. What are they?


Also should the spouse living in the house have been made aware of a secured loan on their home? Their spouse signed for the loan.


Thanks

g6jns_2

Ap_hazard_42 wrote: »

Hi, Please could someone explain this act in simple terms. I have had a look on the gov website but its difficult to understand.


The provision of section 35 administration of estates act.


There also seems to be exceptions. What are they?


Also should the spouse living in the house have been made aware of a secured loan on their home? Their spouse signed for the loan.


Thanks

Who is the property owned by and what kind of tenure i.e. joint tenants or tenants in comm? Are you the executor? If so you need paid for professional advice before applying for probate.

Ap_hazard_42

Hi, Thanks for the reply. The house was in the husbands name only. The house was therefore owned by the husband only.The loan was secured against the house. He was married to his wife for 40 years. She was not aware of the loan until after his death. Myself and his wife are not executors. Probate has been granted over a year ago. The executors want her to pay the full amount of the loan into the estate as she has been left the house.


The loan was secured against two properties but the solicitor / executors (other property owned by executor) has lost the legal charge with details of the properties that were secured against the loan. Therefore the wife is told she has to pay the full amount into the estate. The loan was paid off by the estate some time ago. But they insist there was no provision in the will for the loan money to be paid from the residuary. They are blaming the bank for loss of legal charge and we cant talk to the bank as we are not executor's. We have placed a complaint with the legal ombudsman about loss of documentation etc...
Thanks for any advice

g6jns_2

Ap_hazard_42 wrote: »

Hi, Thanks for the reply. The house was in the husbands name only. The house was therefore owned by the husband only.The loan was secured against the house. He was married to his wife for 40 years. She was not aware of the loan until after his death. Myself and his wife are not executors. Probate has been granted over a year ago. The executors want her to pay the full amount of the loan into the estate as she has been left the house.


The loan was secured against two properties but the solicitor / executors (other property owned by executor) has lost the legal charge with details of the properties that were secured against the loan. Therefore the wife is told she has to pay the full amount into the estate. The loan was paid off by the estate some time ago. But they insist there was no provision in the will for the loan money to be paid from the residuary. They are blaming the bank for loss of legal charge and we cant talk to the bank as we are not executor's. We have placed a complaint with the legal ombudsman about loss of documentation etc...
Thanks for any advice

This does not seem to be something you can DIY. The only rational solution is to go to a solicitor for advice.

Ap_hazard_42

Already have been to two solicitors and now ombudsman. But it also appears that the loan secured against the house should not have been given without my mums prior knowledge as it was her home too. We seem to be stuck in a situation where no-one can help unless we take the executors or bank to court. Its a sad situation when people can't move on...

G6JNS

Ap_hazard_42 wrote: »

Already have been to two solicitors and now ombudsman. But it also appears that the loan secured against the house should not have been given without my mums prior knowledge as it was her home too. We seem to be stuck in a situation where no-one can help unless we take the executors or bank to court. Its a sad situation when people can't move on...

Why not do so? If the bank and/or the executors have screwed up they should pay.