• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Sole trader death and debt liability

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sole trader death and debt liability

    Hi I’ve been searching the forums this morning but I’ve found lots of helpful stuff but I was wondering if someone could advise on the following situation.

    My father in law died last week. He was a sole trader operating as a franchisee in the sign business. He employed my wife as an employee however she has full signing authority on the bank account and is also named alongside him in the franchise agreement. There is no will.

    The business was not in good shape and although he left substantial money in a house and bank account these were joint with his wife so I believe these are not part of the estate. Therefore his actual estate will not be able to cover the bank overdraft and other debts at time of death (around 20k debt and likely a 8-10k shortfall).

    My wife does not want to continue the business but is worried sick that the franchisor can hold her liability for debt owed to them and perhaps all of the business debt. Is this the case or does her being an employee prevent this from happening?
    Tags: None

  • #2
    Hi Ajohns82,
    Sorry to hear of the issue you have currently. I would think the wording of the franchise agreement will be relevant here. Can you post any sections dealing with death and debt of the franchisee (without any identifying names or addresses of course) Hopefully we can then point you in the right direction.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X