Probate and possible legal aid debts

hubb

Mum has just died and left a will as myself as executer. Having closed all her accounts, and informed the Gov “tell it once” I have just stumbled on some old letters from the legal services commission regarding a charge placed on her property from at least 2007 which has accrued interest at the rate of 33 pence a day. The last known letter from 2012 shows a balance of £2959.98 with the interest continuing at 33 pence a day. When trying to contact the legal services commission, we find it no longer exists, and has become a legal aid agency in 2013. What can I do to resolve this debt, not having found any letters since 2012 ? I need to resolve possible glitches like this as I intend to do my own probate, which I am told isn’t that difficult. 

Any advise would be much appreciated as its stressful enough dealing with a bereavement. 

KathysBoy

This is probably a statutory charge, that has been incurred through a case funded by legal aid where your mother gained a financial benefit.e,g divorce

This is the team you need to contact 

Secured Debt Team
Legal Aid Agency 1
PO BOX 10619
Nottingham
NG6 6DX
United Kingdom

Email

SecuredDebtTeam@justice.gov.uk

All enquiries relating to statutory charge cases or debts that have a security against a property.

hubb

Thanks. I will email them in the hope that it was dropped some years ago having not heard from them for a long time.

xylophone

Have you actually checked for details of the charge at the Land Registry?
https://www.gov.uk/government/organisations/land-registry

KathysBoy

hubb said:

Thanks. I will email them in the hope that it was dropped some years ago having not heard from them for a long time.

I’m afraid they don’t write off cases like that. They just wait for the house to be sold. It’s effectively a debt of the estate, which should be settled under probate. You can either pay from any liquid assets of the estate or from the sale proceeds. 

This leaflet explains how it works.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/860909/Client_Legal_Aid_Leaflet.pdf

The Legal Aid Agency took over from the Legal Services Commission on 1st April 2013.

hubb

xylophone said:

Have you actually checked for details of the charge at the Land Registry?
https://www.gov.uk/government/organisations/land-registry

I followed this link but not sure what to click on as there ate many options. I tried a few that didn’t tell me anything.

noh

hubb said:

xylophone said:

Have you actually checked for details of the charge at the Land Registry?
https://www.gov.uk/government/organisations/land-registry

I followed this link but not sure what to click on as there ate many options. I tried a few that didn’t tell me anything.

Go to:

https://www.gov.uk/search-property-information-land-registry

Do a search on the address of the property.

Pay £3 and download the Title Register.

At the end of that document will be listed any financial charges secured on the property

hubb

Ok, I have done that and found the address comes up twice. Once in orange and the other in blue. The first in orange states just the address. The second in blue states Land associated with the address. Which do I go for please ?

pphillips

hubb said:

Ok, I have done that and found the address comes up twice. Once in orange and the other in blue. The first in orange states just the address. The second in blue states Land associated with the address. Which do I go for please ?

You need the one called "Title Register".

hubb

pphillips said:

hubb said:

Ok, I have done that and found the address comes up twice. Once in orange and the other in blue. The first in orange states just the address. The second in blue states Land associated with the address. Which do I go for please ?

You need the one called "Title Register".

Ok but neither of them say title register.

pphillips

hubb said:

pphillips said:

hubb said:

Ok, I have done that and found the address comes up twice. Once in orange and the other in blue. The first in orange states just the address. The second in blue states Land associated with the address. Which do I go for please ?

You need the one called "Title Register".

Ok but neither of them say title register.

Perhaps it's unregistered land in which case you can do a K15 land charges search.