Ex-Partner Died Intestate - Am I being lied to?

Damo2409

Thanks for all the replies here. I just can't seem to find anything in black and white online that tells me for definite that I have no legal responsibility. Even CAB who were fairly sure told me to get official legal advice.

Brighton_belle

Damo2409 wrote: »

I'm getting really worried now. I've been back to the brother of my ex-partner and advised I am not getting involved with the estate and they are now claiming they have consulted a solicitor and confirmed that this is my responsibility as the parent/legal guardian of the next of kin. Do any solicitors use this forum? If so what's my legal position? Thanks.

These are easy words, but that is all they are - words. You haven't been told by a lawyer this, so it is meaningless. Anyone can quote 'solicitors'. Remember, their lawyer was being paid by them to confirm what they want to hear.
Don't be pressured into taking up a responsibility that fills you with dread.
If our reassurances are understandably not enough for you, can you see a solicitor local to you for advice to confirm that there is no law that says you have to take any responsibility for your exes estate.

Brighton_belle

Damo2409 wrote: »

Thanks for all the replies here. I just can't seem to find anything in black and white online that tells me for definite that I have no legal responsibility. Even CAB who were fairly sure told me to get official legal advice.

Equally therefore, you haven't found anything on line that say you absolutely have to - you haven't found any law that says it has to be you have you.
I understand the stress this is causing you.

Mojisola

Damo2409 wrote: »

I'm getting really worried now. I've been back to the brother of my ex-partner and advised I am not getting involved with the estate and they are now claiming they have consulted a solicitor and confirmed that this is my responsibility as the parent/legal guardian of the next of kin. Do any solicitors use this forum? If so what's my legal position?

Ask them to get their solicitor to write to you, stating the law that says you are obliged to administer the estate.

Yorkshireman99

Damo2409 wrote: »

I'm getting really worried now. I've been back to the brother of my ex-partner and advised I am not getting involved with the estate and they are now claiming they have consulted a solicitor and confirmed that this is my responsibility as the parent/legal guardian of the next of kin. Do any solicitors use this forum? If so what's my legal position? Thanks.

They are lying! You have no legal responsibility whatsoever. The CAB are incompetent on this as well. Whatever you do don't get involved in administering the estate.

antrobus

Damo2409 wrote: »

Thanks for all the replies here. I just can't seem to find anything in black and white online that tells me for definite that I have no legal responsibility. Even CAB who were fairly sure told me to get official legal advice.

I can. (I'm good at this sort of thing.:))

Where the deceased left a will then the personal representative is called the executor. Where the deceased dies intestate, the personal representative is called the administrator.....You do not have to act as a personal representative if you do not want to.

https://www.wrighthassall.co.uk/knowledge/legal-guides/2012/11/07/guide-administering-estate/

Keep_pedalling

You will not find anything in black and white because no one has an automatic responsibility to administer an estate even if they are named as an executor in a will.

Your ex's brother is a liar and I bet he has been no where near a solicitor, so do not let him bully you into getting involved.

Brighton_belle

Here's another link found via googling:
What is there isn’t a Will?

When someone dies without a Will, they are said to die ‘intestate’ and an administrator is appointed to administer their estate. The rules of intestacy determine who will act as administrator.
If there is just one person entitled (e.g. spouse, or sole surviving child), they may renounce their role as administrator. When they do so, the right to act falls to the next in line.
If there is more than one person entitled (e.g. three children), then they don’t need to renounce their role, as the child who wishes to act simply does so, and the others don’t need to formally state that they are not involved.


Taken from:
http://www.lawpack.co.uk/probate/articles/article7428.asp

BobQ

OP
You have been given good advice above. The following on the Citizens Advice website makes the question of funeral costs clear:

If you arrange the funeral with a funeral director, you're responsible for the costs. You should ask to see a price list before choosing a funeral, or explain how much you have to spend and see what services are possible.

https://www.citizensadvice.org.uk/relationships/death-and-wills/funeral-services/arranging-a-funeral/

The only time funeral costs fall to an estate is if the person arranging it is authorised by the executor of a will to incur the costs.

I would not do anything about administering the estate. It would be worth asking the family what assets have been left in the estate. As has been noted life policies and pensions may have value (although the latter may not be part of the estate).

The only reason for you to administer the estate would be if there were sufficient assets (after debts) to make it worth doing for your children. But you seem to think the estate is insolvent so best to do nothing.

Even if their are assets after the debt is settled, your children are still the beneficiaries (as noted in another post).

Good luck with this, and do not let others pressurise you into doing anything. Legally you do not have to do anything to administer the estate.

getmore4less

Damo2409 wrote: »

Thanks for all the replies here. I just can't seem to find anything in black and white online that tells me for definite that I have no legal responsibility. Even CAB who were fairly sure told me to get official legal advice.

The key thing is you won't find something that says you ARE responsible. that's what to look for.

No one is legally responsible.

Even the State(Bona Vacantia) refer insolvent estates that come to them to the creditors to administer those that sign for the funeral might want to do it if there are any assets.


Google insolvent estate that may help find something.
(not convenient for me to look just now)

If you know there are more debts than assets keep clear for now.

If you think there may be insurance or pension outside the estate that that may be worth looking into but I would wait a while till you are sure in your own mind you don't have to do anything related to administration of the estate.