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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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Towards the end of last year my husband took out a loan with

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Towards the end of last year my husband took out a loan with M&S Bank in his name only. At the beginning of April my husband passed away and M&S Bank were notified of this situation. I have today received a letter from M&S Bank stating that as the account wasn't covered by payment protection insurance that I have to pay the balance of £4,661 from his estate. There is no estate therefore I cannot pay this in one lump sum as suggested by the bank. Am I liable for payment of this loan as my name wasn't attached to it and if so can I offer to pay by instalments as my husband was paying the loan. I do not have the funds to pay this as a lump sum. Many thanks.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Under the Statute of Frauds you are not liable for another persons debts unless you accepted liability for those debts in writing.
On the face of it your assets cannot be used to repay liabilities of your late husbands estate. However yours husband's share in joint assets could potentially be used.
On that basis did you own anything jointly? Who is administering your husbands estate?
Kind regards
AJ
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Customer: replied 2 years ago.

Thank you AJ for your response. I am administering my husband's estate and the only thing we own jointly is the house. There are no other assets.