Bill received after estate settled

Lizbef_2

My father died in a private care home just over 4 months ago and I was appointed as his sole executor. The estate was relatively small and uncomplicated – I had already been appointed as his guardian by the Court of Protection and had all his finance sorted - so I didn't place any advertisement in the London Gazette or local paper. I had spoken with the manager of the home in the days after his death and she had said that if there were any outstanding fees she would let me know. This morning I received a bill from BUPA for over £2000! I’m more than a bit shocked by this. Does anyone know if there is there a legal time limit by which they should have requested the money or did I null and void that by not advertising in the London Gazette? Thanks

sassyblue

What's the bill for? Did you know your father used them?

It was your job to find out and make sure all bills were paid, if it's the care home that was BUPA controlled then it'll have to be paid. It's not the owners fault, paperwork will be out of her hands, maybe the bills do come in quarterly anyway? As l said it was your job to make sure his care home fees were upto date.

Lizbef_2

The bill was for fees in lieu of notice...we hadn't known he was going to die!! I had asked the home if any monies were outstanding and they had said they would let me know...when they didn't I assumed there was nothing due! Bills were always received monthly. Guess I expected a BUPA home to be more organised about asking for payment!!!

Lotus-eater

Lizbef wrote: »

The bill was for fees in lieu of notice...we hadn't known he was going to die!! I had asked the home if any monies were outstanding and they had said they would let me know...when they didn't I assumed there was nothing due! Bills were always received monthly. Guess I expected a BUPA home to be more organised about asking for payment!!!

In lieu of notice!

That seems a bit harsh. I would be ringing them and asking if they know the circumstances.

SmlSave

It seems harsh and ive give them a call but if you didnt post a s27 notice in the newspapers then you have little protection from bills, although id still try!

Nicki

Was there more than £2000 left after the other bills had been paid? If there was, and it went to you, then the solution is a bit easier. If there wasn't, it could get quite complicated and you might need legal advice. You don't have to pay out more in bills than the estate is worth, but you do have to be fair to all the creditors when you distribute what there is, and follow the correct protocol.

But as others have said, it may be a mistake. I would think requiring your dad to give notice that he intended to die was almost certainly an unfair contract term (if it was one at all) and could be challenged.

mrschaucer

Have a read of the contract your dad signed (you signed?) with the care home. It will set out when payment in lieu of notice is required, but I would be surprised if it includes death.

Caroline_a

My dad died having just gone into a nursing home (he was in a 'trial month'). The deposit I had given them was 2 months' money and they kept one month of it for notice period!

They must make a fortune out of this - how many people 'know' when they're going to die!

Lizbef_2

Can't phone them as I just can't face it...am sending a 'stiff' letter!!! There was enough money in the estate to cover the bill but I'm just so angry that they have left it so late and stirred up all sorts of unpleasant emotions again!

daska

4 months isn't that long for winding up an estate (we're just finishing the last of the paperwork for my mum who died last April) but it does seem a long time for a bill to be presented given that he was a resident and they therefore knew the date of death! Having said that I don't think I would have relied on 'not hearing' I would have wanted it in writing that there were no bills outstanding. FWIW It's not unusual for 'notice' to be charged for, you'd have had to pay that if he'd been in rented accommodation, the premise being that although he didn't plan his date of death it's unreasonable that other people should suffer financial loss as a result of the contract suddenly coming to an end.

sassyblue

Lizbef wrote: »

Can't phone them as I just can't face it...am sending a 'stiff' letter!!! There was enough money in the estate to cover the bill but I'm just so angry that they have left it so late and stirred up all sorts of unpleasant emotions again!

And 'in lieu of notice'. Disgusting. A letter leaves a paper trail, much better than a phone call anyway.

Good luck, and sorry for your loss xx