DMBM585325 - Pre-enforcement: consider the defaulter: deceased customers: financial difficulty

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Financial difficulty

If the estate is solvent the personal representative may claim that payment in full would cause financial difficulty.

Time to pay (TTP)

If the personal representative asks for TTP, refer to your SO who will consider:

• the size of debt in relation to the net estate
• the age and financial resources of the spouse, partner or other dependant
• the length of time it will take to realise the assets, for example, if the only asset is the family home.

The SO may accept a reasonable time to pay offer.

Part-payment offer

If the personal representative offers an amount that is lower than the amount outstanding:

• find out details of any formerly jointly owned property
• refer to your SO who will consider the offer.