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Duty of Executer

Duty of Executer

Postby mowerman » Sat Oct 31, 2015 10:48 am

We had an elderly client who was taken ill. We were asked to stop our service –gardening- so we sent an up to date bill. That was back in July. We’ve sent several reminders and left messages on his son’s mobile, all without response. We don’t mind waiting a reasonable time for payment but there is a limit. We now learn he died in August. Does the executor have a duty to inform all know creditors so at least we know the matter is in hand?
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Re: Duty of Executer

Postby Hairyloon » Sat Oct 31, 2015 12:04 pm

Probably not, but there is nothing to stop you from putting your bill to the executors so that you can know the matter should be in hand.
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Re: Duty of Executer

Postby atticus » Sat Oct 31, 2015 12:50 pm

Executors may protect themselves from claims by advertising for claims.

You may carry out a standing search to be notified when a grant is obtained, and therefore who the executor(s)/administrator(s) is/are.
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Re: Duty of Executer

Postby dls » Sat Oct 31, 2015 6:10 pm

The chances of catching an advert can be slim. Do as atti says.
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Re: Duty of Executer

Postby mowerman » Fri Nov 27, 2015 4:56 pm

We don't know who the executor is despite numerous letters sent to the deceased address which we know have been received and signed for by someone of the same surname. We weren't even informed of the death! We can make a standing search for the name of the executor but this just adds irrecoverable costs - all because the executor refuses to acknowledge our letters and reveal their identities as the executor(s).
I'm a tenacious individual and although only for a small amount this debt will be pursued to include costs on the grounds of unreasonable behavior.
For certain the executor will have informed the deceased bank,council,utility companies etc so they can have no excuse for keeping us in dark.
Assuming sufficient assets in the estate is the executor personally responsible for the estates liabilities?
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Re: Duty of Executer

Postby atticus » Fri Nov 27, 2015 5:16 pm

atticus wrote:You may carry out a standing search to be notified when a grant is obtained, and therefore who the executor(s)/administrator(s) is/are.
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Re: Duty of Executer

Postby atticus » Fri Nov 27, 2015 5:22 pm

atticus wrote:Executors may protect themselves from claims by advertising for claims.
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Re: Duty of Executer

Postby dls » Fri Nov 27, 2015 11:13 pm

Atti is right

I'm a tenacious individual and although only for a small amount this debt will be pursued to include costs on the grounds of unreasonable behavior.

. . is hopeless, sorry
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Re: Duty of Executer

Postby theycantdothat » Sat Nov 28, 2015 12:33 pm

Assuming sufficient assets in the estate is the executor personally responsible for the estates liabilities?

It depends.

A personal representative can publish a statutory notice to creditors. If he does so when the notice expires he can distribute the estate having regard only to the claims of which he has notice at the time of distribution. Note that "the time of distribution" may be well after the expiry of the notice. Examples will illustrate the principle:

A. The notice expires on 30 May 2015. The estate is distributed on 25 September 2015. No claims are received after 30 May 2015 up to 25 September 2015. A claim is made on 1 October 2015. The PR incurs no liability.

B. The notice expires on 30 May 2015. A claim is notified on 2 June 2015 and there are sufficient funds undistributed to meet the claim. The PR is liable to meet the claim even though the notice has expired.

The notice only protects the PR, not the beneficiaries. A claimant who submits a claim after the notice has expired and after the estate has been distributed can still claim against a beneficiary up to the amount the beneficiary has received but not after any time limit imposed by the Limitation Act 1980 has expired. For the record, the PR's liabilty is not restricted to claims of which he has been given notice following the publishing of the statutory notice, but to all claims which have come to his attention or which he is deemed to have notice by virtue of some registration.
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Re: Duty of Executer

Postby mowerman » Tue Dec 01, 2015 8:46 pm

Thanks tcdt for your constructive input.
In response to our LBA a cheque arrived today with a letter of apology for the delay.
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