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Testator dies leaving 26K CSA debts

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Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No liability can be transferred to others upon death - never has been possible.
  • millwall34
    millwall34 Posts: 72 Forumite
    Thats not how I meant it, the deceased's parents are still alive and my role as executor is to protect the interests of the deceased estate. If his parents left their decdeased son assets in their Will, it would pass through the probate court and the CSA would be alerted and claim his legacy.

    I think we just need to re-visit his parents intentions in view of their sons death and make new Wills.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes that would be the best thing to do - I didn't think a dead person could inherit anyway.
  • millwall34
    millwall34 Posts: 72 Forumite
    under the law of succession, it passes to his estate and distributed according to the deceased Will, but its common practice to pass a childs legacy to his descendants under a latin term 'per stirpes' which means to pass to his children equally.

    If the deceased inherited a legacy then DX2's link above would obligate me to make over more than £26,0000 of it to the CSA.
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