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Southern Cross today sent £2.500 for uncle who died over 3 years ago

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  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Flyboy152 wrote: »
    As the estate has now probably been dissolved and the executors discharged, their is no one to be liable for the debt.
    antrobus wrote: »
    I'm sorry that's just plain wrong;

    You could be personally liable if any debts come to light after the estate has been distributed unless you have placed a statutory notice in the London Gazette.

    Flyboy152 wrote: »
    Those comments were made on the presumption that the executor had carried out their statutory responsibilities. As of yet we do not know either way.


    We know that the executor did not protect themselves from future liability. So Antrobus is perfectly correct to say your comments are "plain wrong" Not even sure what you are talking about when you say "executors discharged"

    If the executor doesn't protect themselves from future liability by placing ads as per the Trustee Act 1925 then only a court can relieve them of personal responsibility for any debts that come to light after the distribution of assets. As I previously said that assumes the estate had the assets to pay said debts and within the time limits of the Limitations Act.

    It is not a wise assumption that the court will automatically relieve the executor of responsibility especially in light of the Trustee Act 2000
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
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