Are overseas debts (rates,utilities ) part of UK Estate debts to be paid before final distribution?

naedanger

Blindalley said:

Deleted_User said:

Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable.

Whether those debts are enforceable, is a separate matter, so you'll want to take advice on that if you're not planning on paying them.

"Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable."

...paying them is not an issue. It is whether they are part of an overseas probate (debt)  or the UK. Question is Legally should we pay BEFORE final UK distribution?. Thanks everybody for your inputs

What rationale is there for paying the debts after the final distribution? What issue arises if the usual practice of paying debts prior to the final distribution is followed for this estate?

If I was the executor I would certainly want all debts fully settled before making the final distribution. I may agree to significant interim payments being made prior to the final distribution provided I was confident sufficient assets were being retained to cover the debts.

Blindalley

naedanger said:

Blindalley said:

Deleted_User said:

Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable.

Whether those debts are enforceable, is a separate matter, so you'll want to take advice on that if you're not planning on paying them.

"Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable."

...paying them is not an issue. It is whether they are part of an overseas probate (debt)  or the UK. Question is Legally should we pay BEFORE final UK distribution?. Thanks everybody for your inputs

What rationale is there for paying the debts after the final distribution? What issue arises if the usual practice of paying debts prior to the final distribution is followed for this estate?

If I was the executor I would certainly want all debts fully settled before making the final distribution. I may agree to significant interim payments being made prior to the final distribution provided I was confident sufficient assets were being retained to cover the debts.

Thank you.

"I may agree to significant interim payments being made prior to the final distribution provided   I was confident sufficient assets were being retained to cover the debts." ....that's the thing I was trying to clarify/resolve in my head - what should we ensure is left  in Estate ( prior to final distribution )  to cover spanish debts (pre death ) , some of which are known, and thinking about it more, some we might might not know about until probate is started there. If that makes sense? It's contingency planning.

naedanger

Blindalley said:

naedanger said:

Blindalley said:

Deleted_User said:

Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable.

Whether those debts are enforceable, is a separate matter, so you'll want to take advice on that if you're not planning on paying them.

"Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable."

...paying them is not an issue. It is whether they are part of an overseas probate (debt)  or the UK. Question is Legally should we pay BEFORE final UK distribution?. Thanks everybody for your inputs

What rationale is there for paying the debts after the final distribution? What issue arises if the usual practice of paying debts prior to the final distribution is followed for this estate?

If I was the executor I would certainly want all debts fully settled before making the final distribution. I may agree to significant interim payments being made prior to the final distribution provided I was confident sufficient assets were being retained to cover the debts.

Thank you.

"I may agree to significant interim payments being made prior to the final distribution provided   I was confident sufficient assets were being retained to cover the debts." ....that's the thing I was trying to clarify/resolve in my head - what should we ensure is left  in Estate ( prior to final distribution )  to cover spanish debts (pre death ) , some of which are known, and thinking about it more, some we might might not know about until probate is started there. If that makes sense? It's contingency planning.

Are the executors the same as the beneficiaries? If so then it is less of an issue since if a debt emerges after the assets have been distributed the executors shouldn't have any difficulty recovering money from the beneficiaries to pay the debt. (Otherwise the executors should err on the side of caution, and retain as much as they could possibly need, unless they totally trust the beneficiaries.)

Blindalley

naedanger said:

Blindalley said:

naedanger said:

Blindalley said:

Deleted_User said:

Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable.

Whether those debts are enforceable, is a separate matter, so you'll want to take advice on that if you're not planning on paying them.

"Any debts of the deceased should be settled from the estate before distribution, or the executor can end up liable."

...paying them is not an issue. It is whether they are part of an overseas probate (debt)  or the UK. Question is Legally should we pay BEFORE final UK distribution?. Thanks everybody for your inputs

What rationale is there for paying the debts after the final distribution? What issue arises if the usual practice of paying debts prior to the final distribution is followed for this estate?

If I was the executor I would certainly want all debts fully settled before making the final distribution. I may agree to significant interim payments being made prior to the final distribution provided I was confident sufficient assets were being retained to cover the debts.

Thank you.

"I may agree to significant interim payments being made prior to the final distribution provided   I was confident sufficient assets were being retained to cover the debts." ....that's the thing I was trying to clarify/resolve in my head - what should we ensure is left  in Estate ( prior to final distribution )  to cover spanish debts (pre death ) , some of which are known, and thinking about it more, some we might might not know about until probate is started there. If that makes sense? It's contingency planning.

Are the executors the same as the beneficiaries? If so then it is less of an issue since if a debt emerges after the assets have been distributed the executors shouldn't have any difficulty recovering money from the beneficiaries to pay the debt. (Otherwise the executors should err on the side of caution, and retain as much as they could possibly need, unless they totally trust the beneficiaries.)

"Are the executors the same as the beneficiaries? " yes. Given the times we live in  and how circumstances can change so quickly... best to err on side of caution with contingency funds.