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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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My mum passed away in 2012 and left some unsecured simple

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My mum passed away in 2012 and left some unsecured simple contract debts. Her property has now been sold and money ready to be distributed among beneferciaries.
My sister who is the executor of my mums estate is very worried the creditors will come after her n years to come because she is responsible. My sister has no joint agreements with my mum in regards ***** ***** debts and secondly the last time my mum made any contact or payments with this creditors was over 8 years ago.
My sister filed for probate and received it 3 years ago to take charge of mums estate - no creditiors have come forward to claim against the estate, no creditors have applied a ccj's against my mum or any court orders and lastly no one has wriitten to my sister directly to chase any payments.
Does that mean those debts are written off or in statute barred state after 6 years or does she attempt to contact creditiors to pay knowing this debts may have possibly been written off - will she be opening a can of worms .
Your advice will be very much apprecaited as we are in limbo and confused
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
i have not had a response to my question - assitance will be very much apprecaited
Good afternoon David Thank you for your message, I will do my best to help. Firstly may I ask, did your sister carry out probate with the assistance of a Solicitor? I just need to find out whether your sister published a 'statutory advertisement' for creditors in the London Gazette and in the area where your mother lived? I look forward to hearing from you. Kind regards Krystel
Customer: replied 2 years ago.
Yes she did process probate with the assistance of a solicitorShe has not published advert in gazette - fear of creditors coming from all directions and uanble to verify debts - opening can of wormsBut she thought of following that route - advertising for 2 months period
Customer: replied 2 years ago.
from research limitations act 1980 - debt in statute barred state after 6 years ( does that cover the living and the deceased debts.
Dear ***** Thank you for that. Personal Representatives (PR) are advised to publish the notice only to protect themselves from being personally liable for any debts etc. Even if the time expires, the Claimant (creditors) can recover the debts from the beneficiaries. You are correct the creditors are statute barred from making a claim because 6 years has lapsed since the date the debt was due. However, the creditors can apply to have the limitation act excluded. The Court will look at the circumstances, what action was carried out by the creditors, any attempt to mitigate their losses, the time delay etc. They may even bring up the fact your sister never published a statutory advertisement. The criteria to have the limitation act excluded is strict. Therefore the longer the creditors leave the matter, the less likely they will succeed in having the limitation act excluded. The cost of this application and then a claim for the debt may not be worth their while especially if the cost of the claims are not proportionate to the debt amount. Some things to think about. I hope that makes sense. Best of luck, Kind regards Krystel
Customer: replied 2 years ago.
At this stage what will you advice , to keep as clear of any debt liabilities in the future or do we contact the known creditors possibly will open a can of worms, debts may have been sold on to other creditors , therefore difficult to trace original debt .Are you able to guarantee me this conversation is confidential!!
Dear ***** If any action is brought against your sister am I right in saying that her defence will be the limitation act? I am guessing so because 6 years has lapsed since the debt was due. Therefore by sticking to that stance, it is not advisable to contradict that by contacting creditors and informing them of a possible claim. I am obliged to keep client's conversations and details confidential. Kind regards Krystel
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Customer: replied 2 years ago.
Correct her stance would be the limitation act, i believe.
Finally what would you advice considering all the facts - does my sister share the estate out and if any creditors approach her in the future she plays the limitation act law - legally allowed - i require some clarity and concrete answers so i can relay information to her
Yes as executor she has to carry out your mother's wishes and therefore share the estate in accordance with the Will. If the creditors do approach her then yes her defence will be that the limitation act applies because the creditors are time barred from making a claim. Thank you
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