Recovery of debts from the estates of deceased debtors is not always a straightforward process.

We have the experience to help you to navigate the usual problems, and resolve the accounts, usually with payment.

Typical situations include:

• unpaid and/or deferred residential accommodation and care charges invoiced under the Care Act 2014
• unpaid council tax and NNDR
• funeral expenses
• environmental/waste intervention costs

Problems can often occur where the deceased failed to create a will in their lifetime appointing executors to administer their affairs. Particularly where family members cannot be traced or are unwilling or unable to act. This will usually lead to a delay in the administration of the deceased’s estate which may compound problems with recovery.

Situations can sometimes arise where the relatives of the deceased have distributed assets in the debtor’s lifetime or posthumously, to the extent that the council is deprived of the debt that is due.

Cases of this kind cause a headache, with a council often left waiting for the deceased’s family to act or facing the prospect of enforcing a debt against an estate which no longer as the means to pay.

However reluctant the deceased’s family immediate family, or appointed executors may be, they will ultimately take priority when it comes to apply for a grant to administer the estate but this is not the end of the line when it comes to recovery of outstanding debt.

We can assist you with establishing if the estate is solvent, tracing and establishing contact with relatives. We work with another firm of solicitors who are able to represent the estate if no relatives can be found, or if the family remain unwilling. In the rare cases, where there has been a dissipation of assets, it is sometimes possible to look to those responsible for reimbursement of the funds erroneously gifted away and we can assist you with evaluating the merits of such claims.

We are experienced in dealing with the most common issues encountered in debt recovery from deceased estates including matters with unregistered land and beyond. We appreciate that not every case is the same and offer a flexible fixed fee advice service.

If you are having difficulty with a particular matter, please do not hesitate to contact Richard or Nicky for a further assistance.

richard.kerr@greenhalghkerr.com

nicky.kinnear@greenhalghkerr.com

Nicky Kinnear October 2020