As a joint executor on my grandfathers estate, am I liable to pay any debts outstanding out of my own funds? This would be under English Law. I have a concern that the Pensions Agency may be attempting to reclaim any benefit which may have been overpaid, and the funds left by my granfather may not be sufficient enough to do this. Any advice would be appreciated!
2007-09-28 21:29:07 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Just to confirm - I am a joint executor with my father
2007-09-28 21:40:44 · update #1
No, they cannot reclaim a sum ultimately out of your own funds - temporarily yes you may have to get a loan until the estate is fully realised. However if the estate proves to be insolvent DHSS's claim may rank before others' i.e. they may have a preferential claim, after funeral expenses, since they represent public funds. Lawyers cost money , you can usually deal with these matters by common sense. If DHSS knows ALL the facts they may withdraw part of their claim. I would imagine that the organisation "Which" has probably published a book on executorship or perhaps Age Concern may have done so.
2007-09-28 21:39:27 · answer #1 · answered by Eddie D 6 · 0⤊ 0⤋
As an executor you may also be a beneficiary, i.e. your grandfather may have left something for you. But as executor, you need to make sure the creditors are paid first, and the State always comes first when collecting. Only if it has been deemed that you have not performed your duties correctly will you be liable. One can imagine a scenario where the executors might take their share first and claim that the funds have been exhausted. They would then be liable.
2007-09-29 04:56:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Jimmy is right - but I am 99% certain that if the estate cannot repay any outstanding benefit, you cannot be held liable. Your solicitor (who is dealing with the estate) should have advised the Benefits Agency of the death of your grandfather and thus stopped payments.
Take care.
2007-09-29 04:36:11 · answer #3 · answered by Sal*UK 7 · 0⤊ 0⤋
No, you are not liable to repay out of your own money. Any claim the Pensions Agency (or anyone whom grandad owed money to) have would be against your grandfather's estate. If there are insufficient funds, then that's it.
2007-09-29 04:41:34 · answer #4 · answered by champer 7 · 0⤊ 0⤋
U are an executor only... write to the dhss and explain.. they can try to claim back if your grandfather had more then 8k or married more then 16k..... are u the executor of his will . u don't make this clear..?
2007-09-29 04:37:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
plz consult a good lawyer.
2007-09-29 04:32:24 · answer #6 · answered by jimmybond 6 · 0⤊ 0⤋