Statute barred debt for a deceased relative.

LavenderKuromi

Ok, I can put this to the Executor, thank you.

RAS

Trusts are special beasts. It may be that the deceased and their estate never own the house because it passes directly to the remaindermen. Or it could be something else.

The executor needs to take proper advice from someone with trust experience before they do anything other than arrange the funeral. If the estate is insolvent, then they should back out and just let creditors know the fact.

ManyWays

@sourcrates

In this country, any debts of a deceased person are not automatically exempt under the limitation act.Instead, the deceased`s liability to repay a debt transfers to their estate, provided the estate is not insolvent.

This is not correct.

It is true that there is no specific exemption for statute barred debts for an executor. But the general principle still applies, that these debts are unenforceable on court and so do not need to be paid. And the same applies to situation where a creditor is unable to produce the CCA agreement ofr the debt.

If this was not the case, then every debt adviser giving advice on when a debt is statute barred would have to caveat it by saying that when you die the debt has to be settled by your estate. That does not happen.

sourcrates

@Manyways

Debts do transfer to the deceased's estate, I am positive on this as I have been an executor.

Just for the sake of clarity, I did add next that:

"If funds do exist, you can by all means claim its statute barred status, most of the time they will not pursue such debts".

ManyWays

They are still legal debts. That does not mean they are no longer statute barred, or they need to be paid…

@fatbelly what do you think?

MayDogsandCoffee

If he was without heating and hot water for 6 years then he has been failed by more than social services and the attention should have been taken while he was alive. Why so keen to have debt sorted now, it won't improve things for the deceased.