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Advice needed

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  • Advice needed

    A friend of mines husband passed away in November last year quite suddenly. A relative was the executor to his will which left everything he had to his wife.
    The executor paid all of the funeral expenses and any outstanding bills in the name of the deceased and then transferred all of the remaining money from his bank account to his wife.

    A few weeks ago, the wife of the deceased has started receiving invoices in her name from a garage for work which apparently was carried out in June of last year on the husbands car, which they said was on an account. She does not drive and is unaware of the debt being accrued by her husband. She returned the invoice to the garage, explaining that her husband had passed away and offered to supply a copy of the death certificate.to them.

    The husband was a sole trader and the vehicle was used for his work.

    She has now received more letters addressed to her and threatening to pass the outstanding debt to a debt collection company.

    The car in question was sold by the executors and the money passed to the deceased's wife, as she does not drive and did not wish to retain the car.

    My questions are -

    1. Can the deceased's wife be chased by the garage for her late husbands debt?

    2. What can she do if the garage passes the case to a debt collection agency?

    3. The garage is also making threats to take the wife to the small claims court - Can they do this and if they do, what should she do?

    4. Can she do anything to stop the bills and letters being sent as it is making her grieving much worse.

    The first time the executor became aware of this invoice was a few weeks ago, which was 7 months after the death and after all of the money had been distributed by them as per the terms of his will.

    Any help and advice would be greatly appreciated by the family as they are grieving and this matter is not only making the situation worse for them, but is also very scary to them.
    Tags: None

  • #2
    If the executor did not place a sec 27 notice in the London Gazette (s)he could be pursued by the creditor for the amount due.
    However the beneficiary can also be pursued by the creditor.

    So the answer is that the garage are entitled to request the invoice be paid, and even if necessary initiate a county court claim against the deceased's wife, or even the e4xecutor if he did not protect himself with a sec 27 notice (https://www.thegazette.co.uk/wills-a...te/content/299)

    Comment


    • #3
      Thank you for explaining.

      It sounds like she will be better of paying.

      Comment

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