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No will - How to deal with long list of apparent Creditors.

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  • No will - How to deal with long list of apparent Creditors.

    In brief......family member recently died and left no will. Having to apply for Power of Admin...ongoing. Long list of Creditors. There was a PayPlan scheme running....now ended on notification of death. They have said they inform the creditors on the plan. There are other creditors to be informed by estate also. A lot of the creditors are companies like Moorcroft, Cabot, Intrum, Mortimer Clarke. If these are purchased debts....am I correct in assuming best way is letter informing of death...together with a 'Prove Debt' (CCA request).....to see if debt genuine and actually enforceable? Mountains of random paperwork left by deceased.....it will be a long time before true state of assets realised in any case. Certainly not enough in bank account for funeral at this time. There is a property, part owned by Council under a scheme, the remainder will, with no will , pass to the two remaining adult children. Obviously an asset, but would prefer to resolve any genuine debts by other means, if not have them written off. Any advice gratefully received! Thank you...
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  • #2
    First and above all, nobody has an obligation to apply for a grant. Do a rough calculation, and if the debts exceed the estate be ready to walk away. Be careful not to do anything unless you are fairly sure that after all the debts have been paid off in full there will be enough left to justify a distribution.


    • #3
      I would just add, that if you do decide (contrary to advice) to settle the estate, consider purchasing Executor's Liability Insurance.
      The premium is a testamentary expense which is paid in advance of unsecured creditors


      • #4
        Really appreciate above replies.......but could you pleae advise on best way to approach Creditors. I am proposing sending letter informing of deceased...together with outline of delays in ascertaining estate value. Also....as regards the companies who have bought existing debts...I am planning on sending 'Prove It' letters with a CCA request...... I want to get a clear picture of actual liable debts (that they can prove validly exist)...before admiting to ..or dealing with any payments. Any comments appreciated. Thank you.


        • #5
          I would say be very careul and don't!
          Collecting in the deceased's debts is the job of a personal representative.
          Intermeddling in an estate is performing some, or all, of the duties that a personal representative would have been obliged to perform if they were administering the estate.
          You could be ordered by the court to continue to administer the estate and you then become liable for any losses you may cause.


          • #6
            Add up the claims you know about in the sums claimed. Estimate and add together assets. Do not start writing to people unless you can write very careful letters and have a clear anticipation that this is not an insolvent estate.
            The moment you conclude this is or is close to being an insolvent estate, stop.
            Do not do a single thing which might lead someone else to think you are taking responsibility. It can lead direct to uncomfortab;e personal consequences for you.
            Listen to Des8


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