How to find about a deceased relatives debts that are still owed

rscrsc

Hi, 

My grandmother passed away last month ad we have found paperwork for debts from 2013. Would these still require payment?

Also is there a way find out if any further debt exists?

Thanks,

p00hsticks

Yes, any outstanding debts need to be paid if there is sufficient money in the estate to do so.

If you don't think there will be, you may be best simply stepping away and not admiinstrering the estate if you haven;t already started.

If you think there many be other debts outstanding but can't locate any evidence yourself, then I belevie the standard way to deal with it is to place adverts in the London Gazette (and possibly a local paper ?) asking anyone who believes they are owed money by the estate to come forward within a certain timeframe.

https://www.thegazette.co.uk/wills-and-probate/place-a-deceased-estates-notice

lincroft1710

As this debt is now 9 years old, has there been any communication from the creditor or any payment or acknowledgement of the debt by your grandmother within the last 6 years. If not then the debt has become statute barred and cannot be legally enforced

Keep_pedalling

It is possible that they may have already been paid off, if they haven’t been then it is also possible that they are time barred and may not be enforceable. 

The London Gazette is useful for executors to make sure there is no comeback on them, but it does not get the beneficiaries off the ho9k should a creditor crawl out of the woodwork, so if if the beneficiaries are also the beneficiaries then it does not help much. 

Is the paperwork just an old statement, or does it mention enforcement action ( regardless of how old a debt is, if there is a CCJ in place then it can be enforced)

HobgoblinBT

Have you tried the “tell us once” and/or advertised in the London Gazette?

RAS

Unless the creditor has proof that within the last 6 years, your grandmother paid towards the debt or made a written acknowledgment, the debt is statute barred in England and Wales. In Scotland, the relevant time period is 5 years.

Even if they got a CCJ, if they've not enforced that within 6 years, they'd have to go back to court and explain the delay. And are very unlikely to be granted permission to enforce now.

rscrsc

HobgoblinBT said:

Have you tried the “tell us once” and/or advertised in the London Gazette?

Hi, We have done tell us once and are doing the London Gazette but trying to contact some people we have found in te first instance.