What happens now?

theoretica

Poppops wrote: »

If I send them a copy of the death certificate which I can collect tomorrow, are they likely to write it off do you think or would they make the estate insolvent.

I know i'm labouring this point and I apologise for that, but I just don't feel I could bear that to happen

An insolvent estate doesn't have repercussions the way a live person going bankrupt does. It just means somebody died without enough assets to pay off their debts. Your dad's estate is insolvent, this is a matter of his bank and credit card balance and other assets, not of anyone's declaration.

Also, the credit card company are unlikely to be happy with the account trickling on at £300 a month - death has ended the credit agreement and they would like payment in a lump sum.

G6JNS

theoretica wrote: »

An insolvent estate doesn't have repercussions the way a live person going bankrupt does. It just means somebody died without enough assets to pay off their debts. Your dad's estate is insolvent, this is a matter of his bank and credit card balance and other assets, not of anyone's declaration.

Also, the credit card company are unlikely to be happy with the account trickling on at £300 a month - death has ended the credit agreement and they would like payment in a lump sum.

It seems the OP has no liability to pay any more.

Poppops

OK thanks

So what does happen if the estate is insolvent? Is it published anywhere? Would anyone know?

FreeBear

If you were to advertise the fact, a notice in the Gazette would be the obvious choice. But as the estate is insolvent, it would be best to avoid "intermeddling" - Just inform the creditors that you know of about the death of your father and then leave well alone.

From: http://www.mondaq.com/x/209888/wills+intestacy+estate+planning/What+Not+To+Do+When+Someone+Dies

The Administration of Estates Act 1925 is the basis for the doctrine, and states that if any person obtains, receives or holds any asset of a deceased person without receiving full consideration, or effects the release of any debt or liability due to the estate of the deceased then they become an 'executor of their own wrong' and will have intermeddled. Broadly speaking, acts which involve dealing with the deceased's assets in a manner which goes further than merely safeguarding them and their value are acts which are likely to be classed as intermeddling.
Actions which are almost certain to land a beneficiary in those realms are those such as continuing to run any business of the deceased, and both collecting and paying the debts of the deceased.

Use the £300 per month to improve the life of your mother and yourself.

wwl

There is absolutely no reason to pay the card company. It is not your debt.
You would be wasting your money for nothing.
Spend it on yourself, your mother or a charity.

Poppops

OK. Well that certainly clears things up as I obviously don't want to be doing anything I shouldn't.

Many thanks for the responses and advice