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Deceased father multiple debts with collection agencies

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  • #16
    Re: Deceased father multiple debts with collection agencies

    Hi Laszloweiss,

    All good advice checking out if the debts are enforceable. Just bear in mind that the executor (where there is a Will) or Administrator (where there is no Will) is personally liable for dealing with these debts now your father has died.

    It may also be worth while placing a s27 notice in the local paper and the London Gazette incase there are other debts lurking that you haven't found yet. If no other creditors come forward in the 2 months once the notice is placed and they later rear their heads then you can't be help personally liable for those.

    This link may be of help:- https://www.thegazette.co.uk/wills-a...te/content/299
    It is quite technical so this may also be of use, if it's too much to take in:- https://www.moneyadviceservice.org.u...of-their-debts

    Really important that you deal with the debts correctly, to prevent the administrator/executor becoming personally liable for those not dealt with. Just saying they didn't know about them is insufficient and won't protect them. There is also a strict order of how the debts should be paid if the estate has insufficient funds to clear all the outstanding debts.

    Sorry to add to the stress but important you protect yourselves particularly as you know there are some debts out there already.
    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.

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    • #17
      Re: Deceased father multiple debts with collection agencies

      useful info above

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      • #18
        Re: Deceased father multiple debts with collection agencies

        Originally posted by Peridot View Post
        bear in mind that the executor (where there is a Will) or Administrator (where there is no Will) is personally liable for dealing with these debts now your father has died.

        . . . . and they later rear their heads then you can't be help personally liable for those.

        . . . . Really important that you deal with the debts correctly, to prevent the administrator/executor becoming personally liable for those not dealt with. Just saying they didn't know about them is insufficient and won't protect them. There is also a strict order of how the debts should be paid if the estate has insufficient funds to clear all the outstanding debts.

        Sorry to add to the stress but important you protect yourselves particularly as you know there are some debts out there already.
        Good point

        The only thing I'll add is that it's possible to take out Liability Insurance in the event you innocently get things wrong (as Executor or Administrator of an estate) .

        This is explained here but it is definitely not an endorsement of their services by my firm - it's a random example thrown up by a Google search >

        http://www.executorsinsurance.co.uk/liabilities/

        Di
        Last edited by Diana M; 28th April 2017, 00:08:AM. Reason: typo

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