Debt after death when no estate.

dogbiscuit_3

Hi.
I need some help for an elderly gent I know.
Hi mother in law died 22nd June aged 100. She was a widow and dealt with all her own finances. No will and no estate (council property) He had POA on her accounts incase she was unable to deal with them.
After her death he notified the banks. Nationwide were ok and sorted everything out for him. She had £200 in the account. Barclays account had nothing in it. He paid for the funeral using the £200 from Nationwide and the rest from his own money.
It now turns out that the Barclays account has an overdraft of £900.
Barclays are saying that he needs to pay this.
Is this correct

McKneff

No, it is not correct. As long as the debt was solely in the deceased's name then the following applies.
If there is no money in the estate to pay a debt after death then the debt dies with the deceased.


Tell him to send a copy of the death certificate with a covering letter.


He would possibly have claimed some funds to cover funeral costs also

rizla_king

No. He is not liable.

RAS

He is not liable.

What may be confusing this is:

If he got the FD to send a bill for £200 to Nationwide and they paid against this, then Barclays can see that the money was used for the priority purpose (the funeral).

If he took the money out of Nationwide or piad the FD with a cheque drane against the account, it looks like he has benefited from the Nationwide account.

Death certificate, and copy of bill for funeral showing that some was paid by NW.