Bill for Funeral - who is legally liable?

Matelot1975

Hi there,

I hope somebody can give me a definite answer to this.

Back in the Summer, my father sadly passed away. Because I was clearing his flat of his effects because my brother and his wife were too busy and lived quite a distance away, I arranged the funeral.

I signed the contract with a local firm of undertakers and organised everything. My brothers wife was named in my fathers will as executor of the estate and my brother and myself as joint beneficiary's.

A few days after the funeral I had to go abroad for several weeks and I was of the understanding that the funeral expenses would be settled by my brother and his wife with available money (of which there was sufficient) from my fathers estate.

A few months after the funeral I returned home and was astonished to discover several letters from the undertaker demanding payment of the funeral expenses. The bill had not been paid.

The reason for not paying was that my brother and his wife have an issue with an aspect of the service provided by the undertakers and are withholding payment subject to a reduction of the final bill as compensation.

I disagree with my brother and his wife and I am keen for the undertakers bill to be paid and the estate settled so we can all move on from this.

My brother and his wife have put the matter in the hands of their solicitors. The solicitors have sent a cheque for about 80% of the bill as full and final settlement and are saying that the remainder should be written off as compensation. This is all some five months after the funeral.

My question is: If the undertakers come after the remainder of the bill, who is legally liable for payment - myself or my brothers' solicitors who are dealing with the estate.

Personally, I think I am liable as I signed the contract with the undertakers, but my brother says I am worrying unduly and everything will be dealt with by his solicitors.

Can any 'legal eagles' give me a steer please!

Thanks
Matelot

RAS

You signed the contract; you are liable for the debt and you will be hit by the CCJ if it gets that far.

I suggest you check your credit records.

spacey2012

Signing the contract was most foolish, you are now 100% liable for the bill, the executer of the estate was responsible for making arrangements.

madbadrob

I would then bill the estate for the money you pay. Success is slim and would probably end up with a small claim in the small claims court. Has others have said you should have let the executor deal with this. Lesson learned I think

Rob

Matelot1975

Thanks for the replies folks.

In hindsight, yes it was foolish. But as I was the eldest son and and my sister in law (Executor) and my brother were 'too busy' to do anything, I felt I had to step up and arrange the funeral.

As it was, it still took nearly three weeks for the cremation as she 'did not have a window' in her busy schedule and we had to fit in the service when she was available! Grrrrr! Bl00dy families!

They keep telling me 'Don't flap! The undertakers won't come after you for the money!* Just pass them on to the solicitors and let them deal with it!" (*NOT what the MD of the Undertakers - politely - told me when I queried why the bill had not been paid.)

It's doing my ******* head in!

Thanks again for replies!

ValHaller

Matelot1975 wrote: »

The reason for not paying was that my brother and his wife have an issue with an aspect of the service provided by the undertakers and are withholding payment subject to a reduction of the final bill as compensation.

I disagree with my brother and his wife and I am keen for the undertakers bill to be paid and the estate settled so we can all move on from this.

What is the disagreement? Over whether the issue with the undertaker's handling was justified or over whether paying 80% is the right way to handle this?

I think the outcome will be better if the family are of one mind over this.

Sazzie23

Matelot1975 wrote: »

Thanks for the replies folks.

In hindsight, yes it was foolish. But as I was the eldest son and and my sister in law (Executor) and my brother were 'too busy' to do anything, I felt I had to step up and arrange the funeral.

As it was, it still took nearly three weeks for the cremation as she 'did not have a window' in her busy schedule and we had to fit in the service when she was available! Grrrrr! Bl00dy families!

They keep telling me 'Don't flap! The undertakers won't come after you for the money!* Just pass them on to the solicitors and let them deal with it!" (*NOT what the MD of the Undertakers - politely - told me when I queried why the bill had not been paid.)

It's doing my ******* head in!

Thanks again for replies!

Hi Matelot


Sorry his has worked out badly for you, funerals and particularly finances can bring out the worst in people. Maybe you did the right thing 'morally' and for your sanity arranging the funeral....maybe not the best thing financially - but 'very occasionally' there is more to life than money..... (if you have enough -no offence meant to anyone who doesn't have enough).

madbadrob

ValHaller wrote: »

What is the disagreement? Over whether the issue with the undertaker's handling was justified or over whether paying 80% is the right way to handle this?

I think the outcome will be better if the family are of one mind over this.

The only disagreement is that of the executors who were not happy with the way the undertakers dealt with one part of the funeral and therefore were only paying 80% of the bill. The OP was asking for advice on how to go about thngs regarding this

spacey2012

They can go about very little, the undertaker has a signed contract, the issue of who is paying is a simple one, the person on the contract.

When money is involved, very strange things become of people, they will know, they are not liable for this bill and that means, more for them.

Money is money.

ValHaller

madbadrob wrote: »

The only disagreement is that of the executors who were not happy with the way the undertakers dealt with one part of the funeral and therefore were only paying 80% of the bill. The OP was asking for advice on how to go about thngs regarding this

Thank you. I am aware of the above, however it is OP's take on my question which is relevant.

John_Pierpoint

What is the difference between 80% and 100%.

What was so awful about the funeral given that the deceased has only one chance to have a funeral?

This is sounding like a dispute with a wedding photographer because the bride's mother was in the wrong photograph..