I divorced my ex 11 years ago and a charge put on my property for a small percentage of the equity. My ex died just over a year ago andno mention of this was made in his will. Can i remove the charge now.
If he has died it will probably be payable to his estate so you probably won’t be able to remove the charge until you have repaid the debt, if it isn’t mentioned specifically it will form part of the residue of his estate.
Check the wording on your order. Death is usually one of the things that will end the charge. You will need to make an application to lift it. You may well need a solicitor to help you as it is a bit complicated. Or read up on lifting charges and what you need to do. I imagine you will need to provide the death certificate and a copy of the order.
Pursuant to section 15 of the Inheritance (Provision for Family and Dependents) Act 1975 neither the Petitioner nor the Respondent shall be entitled upon the death of the other to apply for an order under Section 2 of that Act, the court considering it just so to order.