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Does the estate have to pay funeral fees

Hi, I would appreciate some help with a situation I am in.
I am the executor and sole beneficiary of an estate.
Another family member arranged the funeral and signed a contract with the funeral directors.
 This family member has since stolen £20,000 from the estate and is under criminal investigation.
 It's a very difficult situation and I feel morally I should pay the funeral fees from the estate out of respect for my deceased relative.
I am still waiting on probate and am not sure what I'm going to do regardless of my legal responsibility but would like to know where I legally stand before I make a decision.
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Comments

  • unforeseen
    unforeseen Posts: 7,472 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The person signing the contract is responsible for the cost
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The person signing the contract is responsible for the cost
    Which they can claim off the estate.
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 29 December 2020 at 5:10PM
    My understanding is also that the person who signed the contract with the funeral director is legally responsible to the funeral director for paying the bill.

    If the person who signed the contract pays the bill and then legally pursues the estate then it would be for a court to decide and it would depend on the circumstances. [Confusing sentence deleted.]

    Obviously, as you say, the strict legal position is just one consideration.

    (Also if the funeral director is not paid by the family member and then decides to pursue the estate, I am not certain what the position would be. Ignoring the matter of the theft, I suspect a court might in some cases hold the estate liable for at least part of the fee.)
  • Robin9
    Robin9 Posts: 13,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do you know if the FD's invoice has been paid ?
    Never pay on an estimated bill. Always read and understand your bill
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Is the family member a beneficiary?
  • Robin9 said:
    Do you know if the FD's invoice has been paid ?
    No it has not, and the FD is chasing it up with the family member that signed the contract.

  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Snorkels said:
    Robin9 said:
    Do you know if the FD's invoice has been paid ?
    No it has not, and the FD is chasing it up with the family member that signed the contract.

    Slightly surprising that the FD did not at least get a significant deposit.
  • naedanger said:
    Snorkels said:
    Robin9 said:
    Do you know if the FD's invoice has been paid ?
    No it has not, and the FD is chasing it up with the family member that signed the contract.

    Slightly surprising that the FD did not at least get a significant deposit.
    I have never paid a deposit on the funerals I have arranged.
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 29 December 2020 at 2:55PM
    naedanger said:
    Snorkels said:
    Robin9 said:
    Do you know if the FD's invoice has been paid ?
    No it has not, and the FD is chasing it up with the family member that signed the contract.

    Slightly surprising that the FD did not at least get a significant deposit.
    I have never paid a deposit on the funerals I have arranged.
    I must come across as a poor credit risk, as I have always been asked. (Admittedly that is only twice and both times with the same FD.)

    I assumed my experience would be normal, as I thought FDs might often have problems getting paid.
  • Is the family member a beneficiary?
    No he is not a beneficiary. 
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