Death of the judgment debtor

frilly_knickers

What is the position with regards to a writ against someone who has passed away.

The writ was executed before death, but was unpaid. The estate was not very big, and has been dealt with by an executor, however there was enough money for the debt originally but the estate has now been distributed between beneficiaries as declared by the deceased.

The money had already been distributed when the writ came to light, and now there is no money left in the estate.

What would the position be for those involved.

Mouse1812

The executor may have a problem if they did not do enough due diligence, how come the writ has only just come to light?

GlynD

Your only option here would be to sue the estate.

frilly_knickers

Bailiffs called at the address where the person lived. They produced paperwork that had been issued about 6 months before the death. No documents were found relating to the debt in the property, so no-one was aware, so the estate was basically distributed between those involved.
The property is privately rented, and is now being lived in by the deceased's son, who lived with him anyway.
There is nothing really left of the estate, a few items of family memories, but nothing worth anything that could be sold. The debt is for £3.5k, the total estate was £7-8k. The bailiffs are saying that the writ is live as it was taken out before his death, but does this leave any of the recipients of any money responsible. None are willing to return any money, and as no solicitor was involved there is no real legal representation.
I am writing on behalf of the deceased s son.

frilly_knickers

GlynD wrote: »

Your only option here would be to sue the estate.

I am not the person who the money is owed to.

Thrugelmir

Mouse1812 wrote: »

The executor may have a problem if they did not do enough due diligence, how come the writ has only just come to light?

Executors can be found liable and therefore have personal responsibility.

frilly_knickers

It was only an informal thing, nothing was written down really, it was just agreed verbally with the deceased, as they weren't a beneficiary to any money. The deceased was terminally ill so had chance to organise things.
Would it just be best to disclaim any dealings. It does seem a little unfair. I thought debts died with you!

Thrugelmir

frilly_knickers wrote: »

Would it just be best to disclaim any dealings. It does seem a little unfair. I thought debts died with you!

What's unfair? There were assets in the estate to settle the liabilities.

How much is in dispute?

frilly_knickers

Thrugelmir wrote: »

What's unfair? There were assets in the estate to settle the liabilities.

How much is in dispute?

It's unfair because the executer was merely doing a favour sorting out someone's affairs. They made no financial gain from the deceased and now may be responsible for the debt. The amount owed is £3.5k. The question is can the executor be made to pay the debt, does it become their responsibility.

ILW

frilly_knickers wrote: »

It's unfair because the executer was merely doing a favour sorting out someone's affairs. They made no financial gain from the deceased and now may be responsible for the debt. The amount owed is £3.5k. The question is can the executor be made to pay the debt, does it become their responsibility.

Yes they can, if it can be shown they did take reasonable care to find any creditors.

frilly_knickers

ILW wrote: »

Yes they can, if it can be shown they did take reasonable care to find any creditors.

They didn't know that there were any creditors, other than the usual utilities and normal outstanding bills. There was nothing in the property relating to the debt, which can't really be proved obviously.
The bailiffs have not been told who the executor was, so it may be best to leave it that way, and play "dumb" and say it was a joint effort to distribute finances.