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Debt Recovery After Death

15 replies

FancyShmancy · 31/12/2025 07:59

My lovely older brother died unexpectedly and suddenly last Sunday. We are so sad. He will be missed terribly.

My sibling and I are his only family, he never married and didn’t have any children.

We went to his home to gather up all of his post and paperwork to have look at where he was up to and take the next steps with his bills etc.
We discovered, not unexpectedly, that he had a little over £10k of debt which was originally borrowed from his bank but had subsequently been passed to a debt recovery company.

He had had a difficult few years with ill health, was unable to work and eventually had to have a foot amputated so was disabled.
During his illness and recovery from surgery he existed on Universal Credit for a couple of years and eventually was able to get a car through the Motability scheme and then was able get a job once he was mobile again.
It was a full time minimum wage role and a world away from his very skilled manual job but his disability meant he was unable to return to that career but he was beginning to get his life back together.

Does anyone know where my sibling and I stand with having to repay the debt to the debt recovery company?
My brother had no money at all in the bank, he didn’t own any property, he rented and had absolutely no other assets.

Are we now liable for the debt?

OP posts:
Sorrynotsorry2 · 31/12/2025 08:01

From what you have said. I would say no your not liable.

ZookeeperSE · 31/12/2025 08:04

No, you’re not. His ‘estate’ is liable for any debts (and there will be a hierarchy of those).

PennyLaneisinmyheartandmysoul · 31/12/2025 08:04

Would also say no to your being responsible

loveev · 31/12/2025 08:06

No you are no liable for the debt . Did he own a property ?

if not , I’d ring anyone who owed money to and they will probably ask for a copy of his death death certificate .

if he owned a property then , that would be sold and any debts would come from that sale . you’d need probate for that to happen

PersephoneParlormaid · 31/12/2025 08:06

No, you’re not liable. The debt would be paid by any assets he left, if he didn’t leave any, they can’t recoup it.

Aplstrudl · 31/12/2025 08:08

Do not pay any of his debts.

ThroughTheRedDoor · 31/12/2025 08:11

This happened to my dad.

We got a probate solicitor to do it all for us, but he did have a car that we were able to sell. She put a notice on the gazette and all known creditors were written to. As pp said there was a hierarchy of who got money from his estate. Probate solicitor first. HMRC next and so on.

The car was sold for a couple of grand and effectively paid the solicitor. No one else got any money.

We did have a pre paid plan for his funeral btw, so that was paid for but that cost also falls into the hierarchy.

Hope this helps. Sorry for your loss.

CornishTiger · 31/12/2025 08:12

Sorry for your loss. Absolutely not liable for any of the debts.

When you apply for the death cert make sure you get copies at the time as cheaper. Provide it to the debt recovery agency and they will stop actions.

It’s going to be a tough time dealing with the funeral and paying for it. Plus clearing the house.

CactusSwoonedEnding · 31/12/2025 08:18

Sorry for your loss.

You are not liable at all but his creditors have first call on any assets he has. All properly worded Wills start with words to the effect of "after the discharge of my legitimate debts, my estate is..." etc ie the stuff that can be inherited can only be dustributed once the debts are paid - it sounds like probably his debts exeeded his assets so the creditors will get everything he has but that won't fully pay off his debts. They will just have to accept that, and take the loss. If there's anything in his estate you'd like to keep, you can buy it from the estate.

loislovesstewie · 31/12/2025 08:37

You are not liable for his debts unless they were in joint names with you or you were a guarantor. And you would have signed paperwork to effect that. When you have the death certificate use the Tell us Once service so that various institutions know about his death. Many won't need to see the death certificate if you use that.
I'm very sorry for your loss.

Mumofteenandtween · 31/12/2025 08:47

Note that funeral expenses (within reason!) come above other debts from someone’s estate.

FancyShmancy · 31/12/2025 09:35

Thanks all for the replies, very much appreciated.

OP posts:
Danikm151 · 31/12/2025 14:54

Contact the company and provide proof of death and the value will be written off.

Elektra1 · 10/01/2026 10:48

Debts die with the deceased. If his estate had any assets they could claim on the estate but he doesn’t so they can’t. Sorry for your loss.

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