Probate, debts and liabilities

JSmith321

Wonder if anyone can advise on this case:
I have probate on my late brother's estate. In accordance with the will I shared his estate among his children. Some months later a debt collection agency has informed me that my late brother owed them money. I requested original documentation of the debt (paying the £1 fee) but some months later the debt collection agency has failed to provide the documents (which from other threads on this forum - see below - appears to be a breach of the criminal law) but are still chasing the debt.
I also checked my late brothers credit rating and this shows no debts against his name. My initial thoughts were that the agency were scammers though they seem to be a registered debt collection agency.
That aside, if my brother did have debts and this is confirmed with original documentation but the estate is now distributed am I as an executor liable for the debt or are his estate, his children?


Ref: see thread 89287 (not allowed to post a link)

getmore4less

Did you do the s27 notice

FreeBear

This thread by chance - https://forums.moneysavingexpert.com/discussion/89287 ?

If you can find no evidence of the debt in your late brother's paperwork, and the DCA (who is it exactly ?) can't provide any details, I personally would tell them to take a hike.

The s27 notice in the Gazette would have covered your back as an executor, but if the debt was genuine and enforcible, they might still be able to chase the beneficiaries.

JSmith321

Afraid not - I read all the guidance notes from the Probate office and don't recall s27 being mentioned. I've just Googled this so now I know! Thank you.

JSmith321

Thanks FreeBear. Reluctant to name the DCA at the present time. I'm baffled that the Probate Office and all their guidance notes don't mention Section 27. And why are there two government departments for such matters? Interestingly the notes on the "The Gazette" website give any creditors 2 months 1 day to make a claim. Not sure how this works if they make a claim but don't have the original documentation. Is an executor then free to distribute the funds after 2 months 1 day has elapsed I wonder.

Yorkshireman99

Any creditor has to prove the debt exists. Unless the statutory notices are published and executor can still be liable. This will not protect against debts proved before publication.