Partner deceased and solicitor chasing me for debts

[MyfanwyMontez]

My partner died suddenly in August 2024.The previous May , his father died and he took on the role of paying and dealing with the funeral directors .

I have received a letter (addressed to my partner) from a solicitor acting on behalf of the funeral directors informing me of an outstanding debt owing .

My partner had no will , no property because the property was in my name, and no assets. However, I received a death in service payment from his employees . The trustees found in my favour. Does this count as an asset?

I do not want my partner’s family involved in this , they have been through enough already.

Any advice would be appreciated.

It's utter garbage that they want to recover legal costs for the writing of the letter. That's their responsibility.

You have told them he is dead. Ignore it. This is very much not your problem.

Don't pay anything, it's not your debt!

I don't think the person you spoke to was a qualified solicitor or even legal executive if they don't understand probate!

The undertakers can write off the legal fees against tax, they do OK anyway, don't worry about it.

This is perfect.

DO NOT PAY DEBTS THAT ARE NOT YOURS.

Sorry to shout but for the love of god will people stop doing this. This is how you end up poorer as you think you should take on responsibilities that are not yours.

The funeral directors can swallow the cost. They are a company and can just write it off as a bad debt. It will barely affect them.

You need to write or email, so there's a paper trail. Inform them that your partner died on X date, he died intestate with no property or assets and enclosed/attach a copy of his death certificate. They are a firm of solicitors, they can check the information for themselves, very easily! It's then down to them to inform the funeral directors, as their client of your partner's death. If your FIL died intestate, with no assets or property, then I assume your partner signed a contract with the funeral directors and was supposed to pay for the funeral himself? Do you know why he'd never paid it? Unfortunately, it's entirely possible that the solicitors could contact your MIL, because being married to your FIL at the time of his death, would have made her next-of-kin.

Presumably because he sadly died, however as he died intestate with no assets himself then it is none of the OPs concern.
I'm making the assumption they were not married, so she has absolutely no responsibility for this.
It should have been paid out of FIL estate, if OPs partner was executor and died mid executorship then that ball needs picking up by another member of his family or a family solicitor - but its not OPs problem.

I agree with what others have said about telling the Funeral Director he is dead etc BUT do be aware that they may contact his Mum about the debt as well.
Of course that is not anything to do with you but you say you don't want her bothered with it and I don't think you can prevent that.
I am sorry for your loss, sounds like a tough time

It's not OP's problem unless she is the one who signed the contract with the funeral director. That's whose problem it is. If that person is deceased, especially if they had no assets to pay debts, then it's just going to have to be a bad debt.

Thanks @HonestOpalHelper ,

I will do this . They have phoned me every day since receiving the letter, I have ignored them . The letter says if there was no debt is not paid, then proceedings would take place including CCJs and bailiffs .
This would be of no consequence to me anyway .

They’ve rang you every day since you informed them he’s dead? Tell them if they contact you again you will report them for harassment.

I'm assuming then that you are actually dealing with a debt recovery firm, which may use or have in house solicitors - google the name of the firm, I'll bet that's what they do, that explains the lack of probate knowledge and they are like dogs with a bone.

As others have said, you need to write, making it clear.

Then just leave it, they can't get a ccj or a court order for bailiffs against a deceased person.

I'm assuming you were not married?

This. The person who arranges the funeral. ie employs the funeral directors, is responsible for the payment to them. In most circumstances there is some estate to pay for it or the person arranging the funeral knows they will fund it. Additionally, its not usual to go straight to a solicitor letter. So who employed the funeral director and why have they not responded to previous requests for payment?

PS I know you want to keep his family out of it but, if it wasn't you, who employed the funeral director then somebody else must have done. Its highly unlikely that it was your late partner as pre arranged stuff doesn't take effect until its paid for.

PPS Surely the funeral directors know who they dealt with and that is wasn't you?.....unless of course it was you and you hadn't understood how these things work?

Be aware OP, they may send a bailiff round, they don't need a court order for a bailiff to visit to request payment - but without an order the bailiff has no powers other than to ask.

If a bailiff turns up in no circumstances invite them into the property, explain to them the situation in as concise a way as possible and clearly explain that the property was never that of the debtor merely a postal address, and ask them to leave.

Debt collection firms will use every tactic they can to get a payment - they don't care who pays, they just try to worry someone into coughing up.

If you pay one part, ie the £150 you were thinking of settling they can argue you have taken responsibility for the whole debt, which with fees is likely thousands. Just turn them away.

His father has no will assets or property. My partner would have signed the contract with the funeral directors, of this I am pretty sure. Would it be wise to ask the solicitor? She was most insistent this had to be paid to point of rudeness!

There was as arrangement made to pay for funeral expenses in instalments. The outstanding balance of £800 had not paid because my partner would have been dealing with this any communication would have gone through him . He couldn’t deal with communication or payment because he was deceased.

Thank you all for the advice . I’m really very grateful .

If your partner signed the contract and was paying, then it seems likely the debt was his responsibility, reinforced by the letters being directed at him. He is deceased, has no estate, so can't pay. At least they seem to have got most of the payment over time.

When my family member died I stood firm on my refusal to take responsibility for their debts and bills. Most people were good about just writing it off and not even asking for it. There were a couple of standouts I refused to pay. I took the stance that my family member was dead so their credit rating was of no consequence to them.

Do you think it might be wise to inform his mother and remind her she has no legal need to pay (as long as her signature isn't on the contract with the funeral director) and she should stand her ground?

The debt died with him as he had no assets. Debt collectors will try and get the money from whoever they can, responsible or not. Each contact you get from them, you state that he is dead, and if they persist, you will be taking legal advice as they are harassing you for a debt you aren't connected with. Oh, and they can't put a ccj against someone who's died.

Disagree with above poster who said to let bailiffs in to speak you them - don't. You state to turn that the debt is not yours and the owner of that debt has died, again stating harassment.

Ultimately, this is not your problem, nor his mother's.

This gets stranger and stranger....If the deceased was paying by installments for a preplanned funeral, then why did the funeral directors not mention this before the funeral and either limit what they could provide that would be covered by payments already paid, or get agreement from someone to cover the balance? Its my understanding that the kind of funeral plan that is "covered as soon as you sign up" or covered after xxx payments also includes an element of insurance to keep this from happening. I don't think we can give advice on this one because
Somebody obvs contacted the funeral director and we don't know who it was?

Why the letter from the funeral director was addressed to a person that the know to be dead because they dealt with the funeral?

I absolutely do not disbelieve anything that the OP has told us but there are huge gaps in the facts of the story.

Oh I think I understand.....Your partner was paying off the cost of his father's funeral when he (your partner) died and left no assets. So sorry OP Ignore my comments. I an very sorry for your loss.

@godmum56

Thank you and you’ve understood perfectly.

@MyfanwyMontez I do feel for you going through all this. As a pp said I think it is important to get this in writing to all concerned - email for speed.

I would write them a letter stating that any further communication would be considered harrassment.

You mis-read my post, I said under no circumstances to let bailiffs in.

You were not married and under the High Court of the UK you are not responsible for your partner's father funeral debts he left unpaid.

Debt collection firms will keep sending you letters and applying pressure to pay the amount when they know full well you don't have to. They won't take you to court, they know they have a losing case which is the reason they keep pressuring you with letters. I

Ignore them.

The debt is null and void. Write to the solicitors telling them the debtor (your partner) is dead and enclose a certified copy of the death certificate. After that, you do not have to communicate further with anyone involved in this and you most definitely are not responsible for the deceased's debts. End of.

The sort of solicitors who chase debts are the rudest and most unprofessional members of the legal profession I have ever had the misfortune to experience.

There was no money in the estate of your ex-partner of his father. You were apparently nominated for a death in service benefit from the partner's employer. That almost certainly came to you directly from whoever administers this stuff for the employer. It passed to you outside of the estate.

If you were not married to the partner neither are you responsible for winding up their estate; that task falls to their family.

The solicitor needs to be told in the nicest possible way that she can 'naff orf' and if she continues to pester you it will be treated as harrassment.