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Floyd’s death leaves ex ‘chasing divorce crumbs'

21st September 2009 by: Deborah Jeff and David Maxwell
The death of popular TV chef Keith Floyd has brought tributes from many former contemporaries, but few are as upset as his ex-wife who now faces a legal struggle to collect divorce payments still owed by the flamboyant cook.

Tess Floyd, who divorced the much-loved cook in November last year, claims she was never given £50,000 owed in settlement monies. She also claims he refused to put their French home up for sale before his death, denying her 70% of the proceeds she is rightfully owed.

Floyd, who died of a heart attack aged 65 last week, had been embroiled in the battle with his fourth wife for nearly a year. The High Court ruled that the chef must pay Tess a £50,000 cash lump sum, but she claims the money was never exchanged.

In a channel 4 documentary, aired the night of Keith’s death, the chef claimed that his ex-wife was already in possession of his French house, a fact vehemently denied by Tess. In June she told the press that she had not received “one brass farthing” and is battling to keep her Oxfordshire home.

“I have to work full-time, I have to do it to keep my house. Keith left debts which I’m paying off, I’ve got no choice,” Tess told reporters.

“The situation with Tess wasn’t properly resolved before Keith’s death,” a close friend said.

As Floyd died before payment was made to Tess she will now have to take matters up with his Personal Representative(s) as a creditor of the estate, along with any other creditors there may be.  The "divorce debt" can be claimed from the estate in the same way as any other debt owed by the deceased.
 
Provided that she has adequate proof of the position - and it will be for the Personal Representative(s) to make that judgement in the first instance - then it will simply be a matter of waiting for sufficient assets to be encashed to allow for payment to be made to her and any other creditors.
 
It could be several months before a Court order is obtained enabling assets to be realised, however, if Floyd had any assets held in trust such as a life policy then funds could be available in a matter of weeks.