deceased partners wife says he has debts dating back to before we met 5.5years ago

Lollipop69 wrote: »

My partner has recently died & left me as executor of his estate. His solicitor say I have the option of placing an add in a London paper stating his death & for debtors to come forward. As far as I was aware, my partner had no debts but his wife has told me in Dec 2008 when he left her, he cleared out several credit cards & never paid them. I don't know if this is true or not & can't see any reason she would lie. We met in June 2009. Today I found a card receipt dated May 2008 but in the time we've been together I've never known him have or use a credit card. Do I place the add & risk opening a can of worms or do I not place it & claim the 6yr cut off claim point due to lack of contact from them? We have never received any contact from any debtors etc... in the 4yrs we've lived together so don't know if this would apply. I'm assuming as executor I'm responsible for these debts if they do exist.
Any help appreciated.
Many thanks

If the debts exist you cannot just put your head in the sand and ignore them.

That said you are not responsible for paying any of his debts. Your partner is/was. As executor you are only responsible for using his assets to pay his debts. You may become liable if it transpired that as his executor you had paid any bequests from his assets and not first settled his debts. So advertising in the London Gazette is a recognised way of showing you have taken reasonable steps to check.

AS far as I know any jointly owned assets automatically become yours. Is the house owned? In your name? His? Joint tenancy? Tenants in Common?

If the debts exist and he has left an insolvent estate then you need a solicitor to advise you before doing anything as an executor. If they exist and are less than what he has left you must pay them first unless they are no longer valid under the LImitations Act.

You also need to check if any debts are joint debts (with his ex wife?).

https://www.moneyadviceservice.org.uk/en/articles/dealing-with-the-debts-of-someone-who-has-died

If you have an insolvent estate, do not apply for Probate at all, just renounce it.

McKneff wrote: »

Is it his wife or his ex wife


It could be likely that they are statute barred anyway or will be come December.

Not sure if the same rules apply to when debts expire when someone dies. Is it still based on the date of the last communication from the debt holder? Will the clock still tick after his death or will it be debts due at the date of the death. I vaguely recall that the time between death and probate does not count. Maybe someone knows for sure?

Clearly if you apply for Probate it is unlikely to be granted until December, but that will only help if the six years have expired at that time (or possibly the date of death).

As an executor you are legally obliged to settle debts without delay. If you try and delay you may become personally liable.

But if there are creditors they may be looking out for deaths being registered.

Wouldn't a credit check like Experion show any delinquent cards or debts anyway ?

I would get proper advice on this as it sounds quite complex. You mention a solicitor and I would ask them.
If your own money is very tight, try one of the free advice agencies like CAB, Legal advice Centre, or whatever is available locally (library will advise)