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  • FIRST POST
    • stressed81
    • By stressed81 11th Feb 11, 3:54 PM
    • 38Posts
    • 20Thanks
    stressed81
    paying my late fathers alleged csa arrears
    • #1
    • 11th Feb 11, 3:54 PM
    paying my late fathers alleged csa arrears 11th Feb 11 at 3:54 PM
    My Father passed away last year and as his son I dealt with his estate. As he did not live with My Mum he paid child support up until 1998 when I turned 18. The csa took money straight from his earnings so I am certain he owed no arrears, I even found a letter stating that he had actually overpaid.
    Unfortunately I have recently received a letter stating that he apparently owed 2000 in arrears and as executor of estate I am liable for.
    Now they have sent me a bill with no proof of the arrears owed from 13 years ago, asking me to pay arrears that are owed for the upkeep of myself Now it seems a little strange they have waited 13 years and until my Dad is dead to send this bill and the whole situation seems a little bizarre to me. Is there not a statutory limit on how long they can chase a debt for? and should i just bin this letter and forget about it? as I hear the csa are like a dog with a bone.
Page 1
    • splashproof
    • By splashproof 11th Feb 11, 5:10 PM
    • 144 Posts
    • 37 Thanks
    splashproof
    • #2
    • 11th Feb 11, 5:10 PM
    • #2
    • 11th Feb 11, 5:10 PM
    should i just bin this letter and forget about it? as I hear the csa are like a dog with a bone.
    Originally posted by stressed81
    No !

    I have no legal knowledge, but if you were executor of the will, then you might be held responsible.

    You really need legal help with this.
  • kelloggs36
    • #3
    • 11th Feb 11, 5:56 PM
    • #3
    • 11th Feb 11, 5:56 PM
    You need to ask for evidence of the arrears - it may be that the arrears were suspended but it may be an error. Ask for a complete breakdown of the account before doing anything.
  • Blob
    • #4
    • 11th Feb 11, 11:07 PM
    • #4
    • 11th Feb 11, 11:07 PM
    Just a thought, but I am guessing here the arrears are unsecured, as there is no Charging Order? If that is the case and the estate did not have the money that they are now asking for then, they will be out of luck! As my understanding of this is that in the event that you die and there is not the money to pay your creditors then the debt dies with you.
  • vitriol
    • #5
    • 12th Feb 11, 6:19 PM
    • #5
    • 12th Feb 11, 6:19 PM
    im so sorry that you lost your father at such a young age, i know nothing of the answer to this situation, could you not say to the csa, it doesn't matter i don't want the money?

    I'd be interested in this answer as they say the money is for the children, it will be interesting to note what else it is for,

    like i said my thoughts are with you
  • gratefulforhelp
    • #6
    • 12th Feb 11, 6:37 PM
    • #6
    • 12th Feb 11, 6:37 PM
    Blob, the first thing to come out of an estate is debts, so if the OP is to inherit any money, the CSA money will have come out first unless he heads them off.

    When I discussed with my solicitor waiving my rights to child support as part of a deal with the NRP, she told me the rights are with the child, not the PWC, so maybe he can say he doesn't want the CS??
    Please do not confuse me with other gratefulsforhelp. x
  • millwall34
    • #7
    • 12th Feb 11, 6:47 PM
    • #7
    • 12th Feb 11, 6:47 PM
    My Father passed away last year and as his son I dealt with his estate. As he did not live with My Mum he paid child support up until 1998 when I turned 18. The csa took money straight from his earnings so I am certain he owed no arrears, I even found a letter stating that he had actually overpaid.
    Unfortunately I have recently received a letter stating that he apparently owed 2000 in arrears and as executor of estate I am liable for.
    Originally posted by stressed81
    As the appointed executor, you have no liability to pay the debts of the estate from your own money.

    Its the estate that pays the debt due provided they are genuine, otherwise an executor can disregarded ther liability under his power under the Administration of Estates Act 1925.

    Now they have sent me a bill with no proof of the arrears owed from 13 years ago, asking me to pay arrears that are owed for the upkeep of myself Now it seems a little strange they have waited 13 years and until my Dad is dead to send this bill and the whole situation seems a little bizarre to me. Is there not a statutory limit on how long they can chase a debt for?
    Originally posted by stressed81
    No statutory limit but I have a feeling (check legals on this - but I had a similar case and overturned a LO on production of the death certificate) the Administration of estate Act 1925 nullfies the Liability Order, and enforcement action is no longer legal. This is because the debtor is no longer alive and bailiffs and commital proceedings cannot be served on the deceased executor.

    and should i just bin this letter and forget about it? as I hear the csa are like a dog with a bone.
    Originally posted by stressed81
    For now, just send a copy of your fathers death certificate and leave it there. If you are appointed the executor in your fathers Will then apply for the Grant of probate - Complete a Form PA1 and file it at your local probate court. There is a helpline available feom the Office of the Public Guardian and the probate system is user friendly, you dont need to pay a solicitor. http://www.publicguardian.gov.uk/utility/contact.htm

    When you have the Grant, you have the estate taxed for IHT - on a Form IHT400 or IIHT216 if your mother is still alive & still married to him when your father died. Pay any IHT due and you receive the Certificate attached to your fathers Will.

    Distribute the estate according to the Will. If the CSA liability is genuine, then you will have to pay this from your fathers estate before you distribute it to the beneficiaries. If the Liability is not genuine then return the demand unpaid no affects. That means there is insufficient assets in the estate to pay the liability because it has been absorbed on your fathers testimentary dispistions, e.g. his funeral, wake and costs of winding up the estate. There is no law setting a limit on how much an executor can spend on estate administration.

    On a lesser note, solicitors often draft the Will so the trustee "holds (the legacy) upon trust for [name] or for such shorter time as my trustees shall think fit" (not scotland). This means the executor can hold the the assets on trust for perpetuity or until the threat goes away or has spent the assets on dispositiions.
  • vitriol
    • #8
    • 12th Feb 11, 6:52 PM
    • #8
    • 12th Feb 11, 6:52 PM
    just a query, at the end of the day the man is dead, do the csa still want money from a deceased person for a son who is executor to the will? is it about the children or is it regarding more than the children
    • PreludeForTimeFeelers
    • By PreludeForTimeFeelers 12th Feb 11, 7:54 PM
    • 1,836 Posts
    • 996 Thanks
    PreludeForTimeFeelers
    • #9
    • 12th Feb 11, 7:54 PM
    • #9
    • 12th Feb 11, 7:54 PM
    If the arrears are from 13 years ago then I am guessing that they are owed to the Secretary of State.
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