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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Are we now responsible for FILs debts now he's passed away?

303 replies

DebtAfterDeath · 26/07/2023 22:20

Really sorry, posted in legal but also here as i know traffic is heavier and i am desperate for advice.
FIL recently passed away ( 5 weeks ago).
Today my husband has found a letter from Ovo stating he owes £3600.
We also believe he had other debs and CCJs but we have no idea on the amounts.
My SIL used the Tell us Once service but Citizens Advise told me today they don't notify people he owes money to and that's our responsibility.
His only estate is the £6000 in his bank when he died (which the bank have already sent to SIL and she has split in half with my husband) and a potential £10k life insurance claim. He privately rented and had nothing else, no valuables and so on.
We are really worried that we may get chased up for money and Citizen's Advise have recommend we register his death in The Gazette. It's going to cost £100 to do it (fine). But nobody I'm talking to seems to have heard of this and are saying pretty much just leave it, he didn't own a lot anyway and this is more for people with large estates.
We want to do the right thing I'm just not sure what that is?
Also there is an option on The Gazette to use the forwarding address service so our address doesn't get disclosed but again this doubles the cost of the notice to almost £200 and we aren't sure how necessary it is
We are so clueless, I'd be really grateful for any advice. The lady at Citizen's Advice was lovely but admitted she got all her advice off the internet as it was a new one to her!
Thanks

OP posts:
Thread gallery
11
Silvers11 · 27/07/2023 11:51

@Appleofmyeye2023

if you’re in Scotland, probate is complete if intestate- so would need a solicitor. But again costs would come form estate.

Not entirely Correct. Probate/Confirmation is only needed if the Fund holders require it in Scotland for small estates ( which the one being discussed here clearly is) - from the Scottish Gvt. website:

  1. Small estates What is a small estate? All estates with a total (gross) value of less than £36,000 are classed as small. This figure will change from time to time. If you are the executor you should check with your local Citizens Advice Bureau or with the sheriff clerk what the current limit is. You should note that confirmation need only be obtained if required by a fund holder, for example a bank.
WeetabixTowels · 27/07/2023 11:52

Watchkeys · 27/07/2023 11:26

@WeetabixTowels

It's comparable to drink driving because advising someone to do it is advising them to break the law. It was a simple example. I wasn't claiming that they were the same thing.

If op shared your principles re the law, she wouldn't be posting, and your situation is not the same as hers, so, as I said, you offered poor advice.

Can you please point out to me where I offered the OP advice to break the law? Or any advice at all.

Ill wait.

CurlyhairedAssassin · 27/07/2023 11:54

Bluebellbike · 27/07/2023 09:08

I am not a lawyer but have carried out probate for two family estates according to regulations.

What should have happened is the bank should only release funds on receipt of a probate certificate. With the exception of funeral costs, which can be paid out on production of the funeral director's invoice. As your FIL had a funeral plan that was already covered.

To obtain probate all assets and liabilities (debts) have to be listed so that inheritance tax liability can be assessed.
You are not liable for his debts, they should be paid out of the funds left after probate. Any not covered are written off.

Come on, you should know, then, that not all estates are liable for probate and that for smaller amounts in bank accounts, as in this case, banks often WILL release it.

I've also been an executor on 2 family members' estates. One of which was very large and complicated with expensive property, shares, trusts, various bank accounts, various different beneficiaries etc and required solicitors' involvement, probate, inheritance tax payments. It took well over 18 months and I learned a hell of a lot in the process.

The other estate could not have been more simple as no probate was required as the whole estate was passing to a spouse. There was a very clear will stating me and my sister as joint executors. No one estate is the same and you can't assume that the same rules apply to all.

VickyEadieofThigh · 27/07/2023 11:59

Some extremely dodgy advice on probate here! My Dad left no property, but over 6K. We had to apply for probate.

You MUST apply if the estate is over 6K even if there is no property. Please note - the link below is gov.uk

https://www.gov.uk/applying-for-probate/fees

Applying for probate

Find out if you need to apply for probate to deal with the estate of someone who’s died. Discover how to apply for probate or letters of administration and what to do if there’s no will.

https://www.gov.uk/applying-for-probate/fees

GhoulWithADragonTattoo · 27/07/2023 12:03

I've also posted on your legal thread which has accurate advice on it.

BloodyPrime · 27/07/2023 12:07

OldEvilOwl · 27/07/2023 10:01

No will at all. He was a single man with 2 DC and not a lot to his name

If there was no will the money should automatically go to his children not SIL surely?

SIL is one of the children clearly... OP's DH is the other.

JoeyRamoney · 27/07/2023 12:09

I would just call OVO and tell them he passed. When my dad Dad he had various debts and we they all just closed off the accounts.

SisterMaryLoquacious · 27/07/2023 12:12

VickyEadieofThigh · 27/07/2023 11:59

Some extremely dodgy advice on probate here! My Dad left no property, but over 6K. We had to apply for probate.

You MUST apply if the estate is over 6K even if there is no property. Please note - the link below is gov.uk

https://www.gov.uk/applying-for-probate/fees

That link literally starts by saying to check with the deceased's bank to find out whether you need to apply for probate because you might not if they only have normal levels of savings.

Are we now responsible for FILs debts now he's passed away?
Appleofmyeye2023 · 27/07/2023 12:18

Silvers11 · 27/07/2023 11:51

@Appleofmyeye2023

if you’re in Scotland, probate is complete if intestate- so would need a solicitor. But again costs would come form estate.

Not entirely Correct. Probate/Confirmation is only needed if the Fund holders require it in Scotland for small estates ( which the one being discussed here clearly is) - from the Scottish Gvt. website:

  1. Small estates What is a small estate? All estates with a total (gross) value of less than £36,000 are classed as small. This figure will change from time to time. If you are the executor you should check with your local Citizens Advice Bureau or with the sheriff clerk what the current limit is. You should note that confirmation need only be obtained if required by a fund holder, for example a bank.

Thanks for info
sadly I don’t need this now as both my Scottish PIL passed away…but it seemed a much more complex process than my parents probate. They did have estate over thst limit though

Blossomtoes · 27/07/2023 12:24

Appleofmyeye2023 · 27/07/2023 11:21

Wouldn’t they send the money though to executor . In case of first spouse dying then that’s going to be very straight forward that obvious money is spousal asset . But after last spouse, surely they’d only transfer to the legal executors specified account - not to random relative ?

They didn’t ask to see the will in either case, they closed the account and transferred the balance - to my account after the second death. Obviously if there’s no will there are no executors.

RissolesAreGreat · 27/07/2023 12:47

Judgement can be ordered against an executor of the estate

Watchkeys · 27/07/2023 12:53

WeetabixTowels · 27/07/2023 11:52

Can you please point out to me where I offered the OP advice to break the law? Or any advice at all.

Ill wait.

That's true, you will wait, because I don't need to prove anything to you.

OP, I'd advise you not to take advice on legal matters from somebody who openly says 'meh' to the law.

That's everything covered from my angle.

All the best, Weetabix.

WeetabixTowels · 27/07/2023 12:54

Watchkeys · 27/07/2023 12:53

That's true, you will wait, because I don't need to prove anything to you.

OP, I'd advise you not to take advice on legal matters from somebody who openly says 'meh' to the law.

That's everything covered from my angle.

All the best, Weetabix.

Hang on - you’ve made a big tizz about me giving advice for OP to break the law. That’s a loaded accusation - At least own it and point out where I gave any advice (spoiler alert: I didn’t).

UpdownUpdownAltogetherNow · 27/07/2023 12:55

If executors know about debts they are under a legal obligation to settle them from the estate. Whether they do or not is another question and whether the companies ever chase is also another question but it is a legal obligation which could come back to bite them.

Watchkeys · 27/07/2023 12:58

You win, you're the best, @WeetabixTowels

Best of luck.

Silvers11 · 27/07/2023 13:00

VickyEadieofThigh · 27/07/2023 11:59

Some extremely dodgy advice on probate here! My Dad left no property, but over 6K. We had to apply for probate.

You MUST apply if the estate is over 6K even if there is no property. Please note - the link below is gov.uk

https://www.gov.uk/applying-for-probate/fees

Can I just point out the following, taken from the article that you provided the link to 🙄

Check if probate is needed. Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets. Every organisation has its own rules.
You may not need probate if the person who died:

  • only had savings
  • owned shares or money with others - this automatically passes to the surviving owners unless they’ve agreed otherwise
  • owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners

Joint property ownership

Check if you're a joint tenant or tenants in common. Change from joint tenants to tenants in common, or tenants in common to joint tenants

https://www.gov.uk/joint-property-ownership

Silvers11 · 27/07/2023 13:03

Silvers11 · 27/07/2023 13:00

Can I just point out the following, taken from the article that you provided the link to 🙄

Check if probate is needed. Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets. Every organisation has its own rules.
You may not need probate if the person who died:

  • only had savings
  • owned shares or money with others - this automatically passes to the surviving owners unless they’ve agreed otherwise
  • owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners

Should have said, it is under the 'What is Probate heading'.

WeetabixTowels · 27/07/2023 13:04

Watchkeys · 27/07/2023 12:58

You win, you're the best, @WeetabixTowels

Best of luck.

I win? No I don’t want to win I want you to acknowledge you were wrong and I didn’t advise the OP to break the law.

Watchkeys · 27/07/2023 13:05

WeetabixTowels · 27/07/2023 13:04

I win? No I don’t want to win I want you to acknowledge you were wrong and I didn’t advise the OP to break the law.

I don't care what you want.

My presence on the thread is for OP's benefit, not yours. Stop tagging me.

Spanielsarepainless · 27/07/2023 13:06

I thought debts had to be settled from an estate before the remaining assets were distributed. But a friend inherited his aunt's house, sold it, then social services crawled out the woodwork and said there was a charge on the house. Friend didn't know this, social services backed down.

WeetabixTowels · 27/07/2023 13:08

Watchkeys · 27/07/2023 13:05

I don't care what you want.

My presence on the thread is for OP's benefit, not yours. Stop tagging me.

Dear me I feel embarrassed for you - rather than just saying “fair enough I was wrong you didn’t advise OP to break the law” you’re turning it round because you’re clearly embarrassed by your error and don’t want to admit fault.

Top tip: owning your mistakes builds character.

Ill tag whoever I want especially people who have made bizarre and weird claims about what I’ve said.

WeetabixTowels · 27/07/2023 13:09

I have to say I LOVE it when someone on a thread fucks up and tries to dig their way out of it looking like a total tit in the process. Especially when the fighting is “OMG you’re so obsessed with me”. you’ve given me a laugh if nothing else.

WeetabixTowels · 27/07/2023 13:10

Because if you WERE right in your accusation you’d just say “You said it at 10.32” for example @Watchkeys

BasiliskStare · 27/07/2023 13:21

@DebtAfterDeath My advice having had to work out what DFIL owed / had after he died - is to phone every company he owed money to or had any money - ask to speak to their Bereavement people ( ie when you get to speak to someone on the phone ) & explain the circumstances. These people tend to be helpful. As I recall you can't just take his money until probate has been settled.