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Who is liable?

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Comments

  • MyRealNameToo
    MyRealNameToo Posts: 5,184 Forumite
    1,000 Posts First Anniversary Name Dropper

    Has probate been granted and the estate distributed by this point in this hypothetical situation?

    Assuming it has been, were statutory notices of the death posted in the Gazette and local papers? Did the Executor know about the debt and ignored it?

    Obviously a lot of theory and ignoring the practicality of firms often not wanting to deal with grieving relatives etc but in principle the estate's liability isnt extinguished by either death, probate or distribution. Executors can become personally liable if they failed to make proper notices and/or ignored debts they knew existed.

  • Coupon-mad
    Coupon-mad Posts: 165,656 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    But that assumes liability and genuine debt.

    Private parking charges are neither.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Car1980
    Car1980 Posts: 3,591 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    "Say the debt was 1k.

    Deceased partner ignores court claim etc

    Goes to HCEO. High court Writ is obtained. Can they "sieze" the car in order to settle the Writ. The same would go for council bailiffs."

    I believe you can see that off by declaring there is no money left in the estate to the court and the creditor after receipt of the CCJ.

    Sure they could challenge that legally, but they'd be at the stage of throwing good money after bad.

    Although we all know that bailiffs will seize cars anyway, so you'd need a practical solution to that.

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