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

Gavin83

Stop dealing with the estate and renounce the executorship, it’ll save you a lot of hassle. You also won’t have to worry about agreeing anything with the HP company then either.

MalMonroe

Who notified you that you were an Executor? 

You could always contact them and say you really don't want to carry on. I'd be tempted to do that, especially as there's hardly any estate to sort out.

I also think that HP company should be reported for illegally trying to make an executor pay someone else's debt. That's fraud. Executors simply do all the admin and ensure things get done, they don't have to pay for anything out of their own money. 

Garyone9

Gavin83 said:

Stop dealing with the estate and renounce the executorship, it’ll save you a lot of hassle. You also won’t have to worry about agreeing anything with the HP company then either.

I was named in the will as executor, if I relinquish it then the other person named is my 90 year old mother and I can’t subject her to this stress. The bank told me they don’t require probate as the amount of money is below their threshold, so I haven’t applied for it. Does that mean I can just say I’m no longer acting as executor to the HP company or am I legally committed in some way by telling them that the will named me? 

Sea_Shell

Garyone9 said:

Gavin83 said:

Stop dealing with the estate and renounce the executorship, it’ll save you a lot of hassle. You also won’t have to worry about agreeing anything with the HP company then either.

I was named in the will as executor, if I relinquish it then the other person named is my 90 year old mother and I can’t subject her to this stress. The bank told me they don’t require probate as the amount of money is below their threshold, so I haven’t applied for it. Does that mean I can just say I’m no longer acting as executor to the HP company or am I legally committed in some way by telling them that the will named me? 

Just tell your mum to renounce the executorship too.      Is she still a mentally fit and able person, with capacity?

Nobody HAS to be an executor.   Especially on an insolvent estate.

TonyMMM

It is quite common for creditors to try and get family/friends to pay deceased's debts. It would be incredibly unusual for a company to put such a demand in writing telling someone it is their personal liability to pay.

However - depending on the t&cs of the finance agreement the ESTATE may well be liable for payments and if the executor deals with an estate and fails to administer it correctly, then they can become personally liable for some debts left outstanding.

If the will names you as executor, and you start dealing with the estate (beyond arranging the funeral) then you can no longer renounce, so be careful. 

Being an executor and applying for probate don't always have to go together - many small estates can be dealt with without probate, but the executor is still acting in that role.

If there is enough money to pay for the funeral, then get the funeral director to send the bill direct to the bank (they will pay it from the deceased's accounts), and then do nothing else. If you withdraw the money, then you are committed to making sure it is accounted for and you are acting as executor at that point (with all the responsibilities and potential liabilities).

getmore4less

Who are the beneficiaries?

Careful  getting roped into clearing/dealing with the accommodation 

Garyone9

TonyMMM said:

It is quite common for creditors to try and get family/friends to pay deceased's debts. It would be incredibly unusual for a company to put such a demand in writing telling someone it is their personal liability to pay.

However - depending on the t&cs of the finance agreement the ESTATE may well be liable for payments and if the executor deals with an estate and fails to administer it correctly, then they can become personally liable for some debts left outstanding.

If the will names you as executor, and you start dealing with the estate (beyond arranging the funeral) then you can no longer renounce, so be careful. 

Being an executor and applying for probate don't always have to go together - many small estates can be dealt with without probate, but the executor is still acting in that role.

If there is enough money to pay for the funeral, then get the funeral director to send the bill direct to the bank (they will pay it from the deceased's accounts), and then do nothing else. If you withdraw the money, then you are committed to making sure it is accounted for and you are acting as executor at that point (with all the responsibilities and potential liabilities).

I followed your advice and funeral director is sending invoice direct to bank. Phoned HP company and bloke said the document was “poorly worded” just send death certificate and then they will make arrangements to get keys from me and pick up car.