I have just been instructed to deal with the estate of an adult child who died without a Will leaving his father as the sole beneficiary under intestacy. The adult child died over a year ago and the father/family have only now started to deal with applying for the Grant of Administration.
The estate consists of a property that was subject to a relatively small mortgage, (£41,000). The mortgage company have issued proceedings against the deceased’s sister as ‘personal representative’, even though she is not a beneficiary. To complicate matters the property is tenanted, but the mortgage was not taken out as a buy to let. The deceased’s sister did pay the first three mortgage instalments, but thereafter the mortgage company refused to accept payment on the basis that sister did not have the relevant ‘authority’. My understanding is that the mortgage company should first take out a creditors grant. However, there is a repossession hearing listed for next week! We have written to the lawyers who refuse to engage in meaningful communication as we have no grant of representation.
Am I correct in thinking that the proceedings have not been issued correctly and therefore the mortgage company should not be able to obtain repossession? Can the mortgage company sell under the general ‘power of sale’. Any comments would be helpful, and I am leaning to instructing Counsel on this.
Haroon Rashid
I Will Solicitors Ltd