Tomlin order and charges against property

[Gosling]

i signed a tomlin order in 2012 in my name. I was the executor of the estate and the debt was against the estate. I could not pay the claimant so he put a charge on my personal home and the estate. Can someone tell me if this is allowed the debt is against the estate not me personally. Has the claimant infringed my human rights?

[honeybee13]

Hello and welcome to CAG. The forum guys should be along over the course of the day with advice for you.

 

I expect they will want to know more about your problem in order to advise. Would you be able to tell us a bit more about why there was a claim please and whether it involved court?

 

My best, HB

[steampowered]

You can be sued personally if you have breached your duties as an executor - for example, if you took the deceased's assets yourself instead of using them to pay the estate's creditors.

 

If it was the estate that was sued and the estate which signed the Tomlin order, then that won't be binding on you personally.

 

If it was you that was sued and it is you that signed the Tomlin order, then that will be binding on you personally and can be enforced like any other Tomlin order.

 

 

If you are unsure about the position then why don't you type out the exact wording of the Tomlin order you signed (minus personal identifying details) and we can tell you what it means.