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Thread: How to settle a debt on a probate property that has s charging order on it

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  1. #1
    Gooner66's Avatar

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    Default How to settle a debt on a probate property that has s charging order on it

    Hi I am inheriting a property with a charging order on it and I want to pay the charge to keep the property it's currently in probate

  2. #2
    Peridot's Avatar

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    Default Re: How to settle a debt on a probate property that has s charging order on it

    Hi Gooner66,
    Are you inheriting the property outright under the Will? The property can't be transferred to your name, until probate is granted and the charge is settled. Depending on the wording of the Will it may be that the estate is expected to settle the charge or you may take the property with the charge remaining over it, which you would then be responsible for and could settle.
    You need a bit more information regarding the charge, amount, who for etc. I would suggest letting the executor know you wish to retain the property but not sure how the charge is dealt with and require the details so you can look into settling it if there is an option to do this.
    Until probate is sorted you can do nothing really but let the executor know your intentions.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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