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Insolvent estate liabilities partially settled by surviving spouse

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  • Insolvent estate liabilities partially settled by surviving spouse

    The deceased's estate is insolvent - there are insufficient assets in the estate to settle admin/funeral fees, so no funds are available to settle other liabilities.

    In the initial days after the deceased's demise, the surviving spouse, unaware of estate law, settled certain estate liabilities, from a joint bank account (i.e. an account that wasn't part of the deceased's estate).

    Is there any way that these amounts can be recovered by the estate from the third parties? (Not quite unjust enrichment, but clearly they weren't entitled to receive payment.)
    Tags: None

  • #2
    Others may differ, but I cannot see a viable claim here.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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