Winding-up the solvent estate – secured creditors


Payment of debts – secured creditors

1. Where the deceased’s estate contains property charged with the payment of money, then, unless a contrary intention is shown, the property bears the charge. Administration of Estates Act 1925, s.35.

2.   Charges include

    (a)  mortgages

    (b)  vendors lien for unpaid purchase money

    (c)   lien in favour of limited company over its own shares

    (d) charging orders

3.   Rights of chargee are not affected by s.35 which regulates the incidence of the charge as between the beneficiaries

4.   Contrary intention may be shown by Will or other document containing

    (a) a  common form trust for sale of residue directing payment of the charge out of proceeds of sale before division or

    (b)  a gift by Will expressly free from charge or

    (c)  a general direction to pay debts from a specified fund other than residue.