Does being named as executor on a will make a person liable for deceased persons debts?

Garyone9

Garyone9Forumite1 POSTS

I’ve unexpectedly been named as executor of friends will. He was single living in rented property with very little money but he had a car on an HP agreement. I notified the company and they have sent me a form to sign saying as executor I will personally agree to be liable for any losses they make. I haven’t signed it, I just want them to come and collect the car. It was a 3 year HP agreement for 37 payments then the option to return the car or buy it. At time of death he had made 30 payments. What money he had also needs to cover the funeral cost. I’ve never done this before and it’s scary. Any advice would be very much appreciated. Thanks

xylophone

 I notified the company and they have sent me a form to sign saying as executor I will personally agree to be liable for any losses they make. I haven’t signed it,

Don't sign it.

See

https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/

macman

Do not sign it under any circumstances! The executor has responsibility for the proper administration of the estate, but not for any debts. Tell them that they can collect it but you will have no liability for any debts.
Frankly, if the estate is insolvent then it's better to renounce your executorship and walk away.

Torry_Quine

No definitely don't sign it. If there's no money then the debt cannot be paid. Companies know this but will try it on.

Keep_pedalling

Send it back unsigned with a covering letter telling them that the estate is insolvent and that you will not be administering the estate. The only other info to give them is the location of the car and where they can obtain the keys.

Is there sufficient funds in his bank to pay the funeral costs?

Brynsam

Garyone9 said:

Garyone9Forumite

1 POSTS

I notified the company and they have sent me a form to sign saying as executor I will personally agree to be liable for any losses they make. 

What a cheek! As others have said, simply tell them where to go, in all sense of the word.

Flugelhorn

agree with the others, don't feel pressurised by them. you personally do not owe any money.

Garyone9

I don’t yet know if there is enough for the funeral. There was a post mortem which delayed issue of death certificate. I’m hoping to receive it in next few days then take it to the bank.

Flugelhorn

if there is not enough money for the funeral then the local authority will arrange & pay for a public health funeral, which a simple basic service.  

theoretica

I would make a strongly worded complaint that they sent the letter at all.

naedanger

Garyone9 said:

I don’t yet know if there is enough for the funeral. There was a post mortem which delayed issue of death certificate. I’m hoping to receive it in next few days then take it to the bank.

You can just walk away completely and leave it to the local authority.

If you sign with a funeral director then I believe you are likely to be personally responsible for the full bill even if there is not enough money in the estate to pay it.