Q&As

What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 12/10/2018

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?

What action can a creditor take against a non-cooperative executor to satisfy a judgment debt obtained against the estate?

The role of an executor is to gather in and administer the assets of the estate and, having satisfied the liabilities of the estate, to distribute in accordance with the terms of the Will. If the estate is insolvent, the Administration of Insolvent Estates of Deceased Persons Order 1986, SI 1986/1999 and the Insolvency Act 1986 provide the order of priority to pay out creditors, with ordinary debts (which would include a judgment debt) ranking towards the bottom of this pecking order. See Practice

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