The following Private Client Q&A provides comprehensive and up to date legal information covering:
As set out in the Q&A: ‘Can a creditor take out letters of administration if the family of the deceased are refusing to do so?’, a grant may be made to a creditor of the deceased even if the debt is statute barred. See Commentary: Grant to a creditor: Tristram and Coote’s Probate Practice [6.351] and Coombs v Coombs, which held that the creditor of an intestate is entitled to a grant of administration, although their right of action is barred by the Statute of Limitations:
‘The question then arises whether a man who claims to be in possession of a right of this description [a debt that is statute barred] is a creditor in such a sense that this Court is justified in handing over to him the intestate’s effects, and thus putting it in his power to pay himself the money which he says was due to him without more ado. It is argued that the debt is not extinguished by the statute but only the remedy barred, and such no doubt is the language commonly held in courts of law on the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Summary assessment—statement of costsSummary assessment is the procedure whereby costs are assessed by the judge who has heard the case or application (see Practice Note: Summary assessment). This Practice Note considers the use of a statement of costs in summary assessment. Form N260 is a model
Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus (COVID-19) and contractual obligations—checklisttogether with the Q&A (in the related content pod on the right hand side) for
0330 161 1234