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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, my husband died in october, did not apply for probate as

Resolved Question:

Hi, my husband died in october, did not apply for probate as he had no savings and property in joint names how do I stand on his debts
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

please accept my sympathies for your loss of your husband. Have you been able to quantify and identify the debts your husband owed please? If so Do you know the approximate total figure?

Joshua :

are all of these debts in your husband's sole name?

Customer:

HI, tHANKYOU £50,000 APPROX IN MY HUSBAND SOLE NAME.

Joshua :

thank you. There is no need to obtain probate normally unless your husband held assets in excess of £15-£20,000 in his sole name which was not the case from what you say and the position does not change because of any debts that exist. there should be no need for you to obtain probate unless you find an asset held in his sole name with the value in excess of the above

Joshua :

starting point is that you are not personally liable for any of your husbands debts. your husband's estate is liable for the same and your husband's creditors can only claim debts from a) any asset that was held in your husband's sole name or b) your husbands interest in any jointly own property.

Joshua :

based on what you say, your husband did not hold any significant assets in his sole name but is any assets were joint between you and he. Accordingly, your husband's creditors would have a claim against his share of any jointly owned assets - the presumption in law is that your husband would have a 50% share of any jointly owned assets though this can be reported if you have evidence to the contrary.

Customer:

would they have an interest in his pension

Joshua :

it depends upon how the pension was held. On the basis that the pension was held in trust - as is the case for most pensions though not all and you would need to confirm with the pension provider in this respect to ensure that the pension is held in trust and accordingly falls outside of your husband's estate - the pension passes directly to you under the pension trust and accordingly is not available to be claimed by his creditors

Customer:

ok live insurance policy took out to pay mortgage off would they have an interest in this

Joshua :

again, life insurance is almost always held in trust - though again, for the avoidance of doubt, it is necessary if you to confirm this with the life insurance company. on the basis that the life insurance policy is held in trust which I would be confident you will find is the case, and on the basis that the nominated person is you as opposed to your husband's estate, which again I would expect to be the case, again the creditors would have no claim on the proceeds of the life insurance policy

Customer:

ok THANKYOU I THINK THAT IS ALL AT THE PRESENT.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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