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I have a court order against me in england for a sum of

money. I am inheriting money...
I have a court order against me in england for a sum of money. I am inheriting money following mu fathers death. Can an english court prevent my inheritance being paid to me outside the jurisdiction where i live and am domiciled.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: My father's estate is in the UK. I live in Morocco
JA: What action has been taken so far? What's your ideal outcome?
Customer: All I want to know is whether the english court can freeze my inheritance prior to the executor sending my inheritance
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
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Answered in 4 minutes by:
9/22/2017
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask where the inheritance funds are coming from?
  2. Is this an existing judgment from some time ago or an active case?
  3. Is the inheritance held in a trust or are you entitled to it outright under your fathers will?
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Customer reply replied 1 month ago
1. From my fathers estate - I believe some monies may be held offshore but no property.
2. The case is still active - because jurisdiction is being challenged in Morocco we did not appear before a Master in England but default judgement has been given and trial is suspended.
3. Currently held in trust for the lifetime of my stepmother who tragically has terminal cancer. We have a pro bono Counsel who is happy to answer any questions you may have. She does not have inheritance expertise. She could call you if it would help.

Thank you. It would depend upon the terms of the trust the money is held. If the terms of the trust provide that after your stepmothers passing, the money passes to you absolutely then this will become accessible to any judgment creditor. If the money the passes to a secondary trust, such as a protective trust or discretionary trust then monies would not become available until such time as the trustees chose to advance it to you.

It would be necessary to have sight of the will trust document in order to ascertain the position for certain.

In terms of what the court can do, the court will not do anything as such. Rather it is for the creditor to make such applications it considers appropriate to make a recovery. If money is held offshore, clearly this makes it more difficult to recover than if they are held within the UK. If the creditor knows where funds are held it could seek a third party debt order to debit funds from that bank account. Equally he could seek to make you bankrupt which would transfer all assets you hold to a trustee in bankruptcy. If funds are held offshore then the creditor would have to apply for further enforcement orders in that jurisdictions courts before it could seek enforcment action assuming there is an enforcement treaty between the UK and that country. If there is not then it may be necessary for the claimant to being a new claim to have the matter reheard before he can seek enforcement in that jurisdiction.

I would be happy to look at the will trust document if you have it available.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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Customer reply replied 1 month ago
That does not answer my particular question. I cannot be made bankrupt in the UK because I have not been resident there for years. I cannot be made bankrupt in Morocco. My specific question is that when the monies become available to me can the executor of the will pay them directly to me in Morocco. Essentially can a third party order me made against the executor.There is no trust document as such. The estate is held in trust until my stepmothers death then I become a beneficiary.

If the assets and executor are located in the UK which from what you say they are then they can be subject to a third party debt order which would order the executor to pay the specified funds to court or the judgment creditor. However for this to happen the judgment creditor would need to know about your potential inheritance. He would have to make a specific order detailing the executor at the precise time that the executor held the funds. I assume he would not have sufficient knowledge of these circumstances to both address and time his order to achieve this. Assuming my assumption is correct this is not a likely scenario.

Ideally you would not disclose the potential inheritance so that he does not know of the future contingent inheritance but even if he does, he still must time his order correctly as above to coincide with when the executor actually holds funds. It is not obvious to me how he would know when to do so.

Has the above answered your questions satisfactorily?

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Customer reply replied 1 month ago
Thank you, yes

I'm glad I could help. If I can be of any further assistance please do not hesitate to revert to me.

Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Category: UK Law
Satisfied Customers: 26,070
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Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

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