I lent a lot of money to a friend, who is now dead. I was not aware of his death only to find out that probate was granted by the Court and all the assets of the deceased have been distributed. How can I recover the money, considering that all the properties are in the hands of the beneficiaries?
23 July 2012
The Probate and Administration of Estates Act allows the creditor to follow the assets of the beneficiaries and recover his or her debt. However, under the law, the executor is required to advertise whether there is any person who has a claim against the creditor before he or she distributes the assets of the deceased. If the executor advertised as required under the law, you will have to explain to the Court why you did not present your claims to the executor when the same was advertised. Your lawyer can guide you further.