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?
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:
- 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.
- 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.
- 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 to ensure that the Caveat will have to be dealt with before the Grant can be issued.
You are advised to consult a solicitor for how to take appropriate legal actions to claim repayment.