L10 Web Stats Reporter 3.15
Topics



Preliminary issues to be considered (with or without a Will)
Making a Will
Abolition of Estate Duty and the procedures for applying for a Grant of Representation
Searching for a Will and gaining access to the deceased's safe deposit box in a bank
Distribution of estate to the relevant parties
Case illustration
Related Websites

1. If the creditors fail to get back the money from the executor/administrator/beneficiary after the death of a person (i.e. the debtor), how can the creditors protect themselves and chase for repayment?

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The creditors should go after the estate's legal representatives (i.e. the executor or the administrator of the deceased's estate) . There are several steps the creditors could take to protect themselves:

  1. First of all, they should conduct a probate search at the Probate Registry at the cost of $18. This could help ascertain whether there is a current application for a Grant of Representation or whether a Grant has been issued.
  2. If a Grant has been issued, the creditors can apply to the Court for a copy of the Grant (which contains the particulars of the executor/ administrator). The creditors can contact the executor/ administrator, and they may take legal actions to chase for the debts.
  3. If no Grant has been issued, the creditors can file a Caveat (similar to a caution/warning notice, which costs $72 and lasts for 6 months) at the Probate Registry. After filing this Caveat, the Probate Registry will inform the creditors when it receives an application for a Grant in respect of the target deceased's estate. The creditors may then take legal actions to chase for the debts.

You are advised to consult a solicitor for how to take appropriate legal actions to claim repayment.