Charging order and beneficial interest after death

[Jake68]

No death certificate has been issued. Waiting for a coroner's inquest to be scheduled, have no other details. Was informed of the death by the wife's solicitor a week before the Order of Sale hearing. They're not willing to answer any questions I put to them.

I'm assuming there must be some validity if there is going to be an inquest, although there was probably an inquest for that 'canoe' bloke also.

[friendineed]

Can anyone help - I am advising a friend in the following circumstances:

 

1. CCJ for £40,000 January 2008 (builder took money - deiscount for payment up front - and didn't do any work)

2. Delay in enforcing due to Ineffectual enforcement through bailiffs as builder says not own property

3. 2 properties - 1 now owned by daughter - transferred by builder during 2007 court case but daughter 'paid' £220k according to land registry. Other owned by relative but 'bought' at same time.

4. Following CCJ builder died (may be 5/6 months ago - not known)

It appears to me that my friend has been the subject of a [problem] and that the builder may have transferred his assets knowing that he was about to die.

 

1. Is there anything my friend can do?
   
2. Is there any time limit on applying for the debt to be considered as part of the estate?
   
3. What if there is no money in the estate because the builder transferred everything - can transactions be set aside?
   
4. Is a probate solicitor the best route?
   

An urgent reply would help greatly

 

Thanks

[Jake68]

Friendinneed

 

You may want to see if an insolvency administration order would be applicable in this case. I'm no expert, otherwise I wouldn't have come on here in the first place, but below is some legal speak relating to deceased insolvents.

It is a common misconception that when a person dies, his/her debts are automatically discharged. Debts are not discharged on death unless specific provision has been made for them to be discharged, e.g. by an insurance policy. All debts that are not provided for must be met from the assets of the deceased debtor. Where the assets are insufficient to meet all the debts, the estate is insolvent.

Where a person dies after a bankruptcy petition is presented against him/her, the matter continues as a normal bankruptcy with some amendments.

Where a person dies before a bankruptcy petition is presented, a petition for an insolvency administration order can be presented under the Administration of Insolvent Estates of Deceased Persons Order 1986 (AIEDPO86). The administration of the insolvent estate is dealt with under the provisions of the AIEDPO86, which applies and amends certain provisions of the Insolvency Act 1986.

As with any normal backruptcy, the courts don't look too favourably on someone transfering assets to avoid a debt. - Jake68