Am I liable as an Executor for a late bill.

dzug1

Yes - but all that does is absolve the personal representative of personal liability in his capacity of personal representative. The debts still exist until the 6/12 years is up, and are pursuable against the beneficiaries rather than the personal representative. As here they are one and the same the argument for advertising is debatable.

One argument for is that it might tease some debts out of the woodwork - ie a degree less uncertainty for the beneficiary. But total certainty isn't achievable

localhero

True. I suppose tigtag can take a view on it. I think personally I would, as the notice would make it a bit harder for creditors to enforce any liabilities later down the line.

Be_Happy

I wondered why I had heard no mention of this '2 months' deadline, but the law in Scotland may be different. Below is an extract from the Scottish Government leaflet on 'What to do after a death'

13. DISTRIBUTION OF PROPERTY AND POSSESSIONS
A. If there is a Will
The dead person's property and possessions will be distributed in accordance with his/her wishes, by executors, after confirmation has been obtained, subject to payment of the legal rights due to his/her spouse and children.

The executor should not distribute any of the estate to those entitled to it until a period of six months has passed since the date of the death. This is to allow persons or companies with a claim on the estate to make the claim known. After that period the executor may distribute the estate without having regard to any possible claims which have not been intimated. If any creditor or beneficiary presses for payment during the six month period a solicitor should be consulted.

chesky369

You said there's a partner - wouldn't this partner be a beneficiary - non compos mentis or no?

chesky369

Sorry, got confused between Tigtag and the OP.

tigtag02

chesky369 wrote: »

You said there's a partner - wouldn't this partner be a beneficiary - non compos mentis or no?

simply no, a partner would not be.

regards
tt

minimadtrix

Back to the OP's original question. ... Now, I'm digging into the depths of my previous working life with Housing Benefits. If the council had made the mistake, the claimant was not liable to pay back the money as it was the council's error. Would this not be the same with a dom care account? It maybe worth checking out, unless someone else on these forums knows better

Biggles

minimadtrix wrote: »

If the council had made the mistake, the claimant was not liable to pay back the money as it was the council's error.

I'm not sure that's true at all. Though many councils will not pursue claims for underpayments where it's their error, it may well vary from one area to another.

minimadtrix

Biggles wrote: »

I'm not sure that's true at all. Though many councils will not pursue claims for underpayments where it's their error, it may well vary from one area to another.

As I said, I worked for HB a couple of years ago, so it was true at the time