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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Statute of limitations debt owed by the estate

Resolved Question:

statute of limitations for unsecured debt owed by the estate of a deceased person
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Good afternoonI am concluding my brother's estate. There are unsecured debts some older than six years at the point of his death in july 2009
and others which now exceed the six year limit.. There are no court orders or action being taken against the estate to recover theseregardsBernard Milne
Expert:  Jo C. replied 1 year ago.
Thanks.
Do you know when he last acknowledged these debts?
Customer: replied 1 year ago.
an unsecured debt from a friend made partly in 2000 and 2001 - discussed by email in april 2009 whereby the friend offered to write this off, my brother was offering a property deal to recompense himcouncil tax from 2000 - never acknowledged ! - no correspondence - my brother was abroadchild support claimed by ex wife from 1999 - he was divorced in 1997
Expert:  Jo C. replied 1 year ago.
The unsecured debt is time barred. They had six years from April 2009 to sue and they have not.
Council tax though is not subject to limitation as it is Crown's debt although in practice they are not likely to pursue that from 2000. The older the debt the harder it is to enforce.
Child support, on the other hand, can be much more aggressive. Again there is no time barring. If you are notified then you are liable and the passing of time is no defence although again it is harder to enforce if it is older.
If he was not notified then he is not liable at all.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
thank you for your clear reply, the clarification i sought was that the statute of limitations ie unsecured debts not ackowledged or any payment does not change when someone dies
Customer: replied 1 year ago.
oops payment not made in the last six years
Expert:  Jo C. replied 1 year ago.
Time runs from the date of last acknowledgement and it isn't altered by death.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you very much for your assistanceRegards
Bernard Milne