Executor's Liabilities

[Oleanda]

If, after probate has been granted and beneficiaries paid, someone comes forward claiming that the estate owes them money, is the executor liable for the debt?

[fiction-factory]

How long after?

[fiction-factory]

And did the executor placed Deceased Notice?

[fiction-factory]

This will help.
https://www.clarkewillmott.com/blog/executors-why-you-should-advertise-for-creditors/
Executor can be liable if the proper process isn't followed prior to distrinting the estate. The executor needs to have placed a Deceased Notice in London Gazette and waited 2 months for debtors to come forward.

[fiction-factory]

Barmaid is around this morning. Hopefully she'll see this and give a definitive answer, although I think she may need to ask for more info

[Oleanda]

Sorry, I was called away. The deceased was in receipt of a company pension, the company was informed of the death immediately and given a death certificate. Four months later, after the estate had been wound up, someone from the company wrote to say that they had over-paid the pension by a whole month and could they have it back please. I've always assumed that pensions were paid in arrears rather than in advance.

[fiction-factory]

I would just write and say the estate has been wound up now so it's too late. They may write it off.
The whole estate seems to have been distributed pretty quickly though in my experience

[woofgang]

Whether or not what you assumed is correct, the fact that you informed the pension fund and they stopped the pension does change things I think. You will need more than general advice on this one, hopefully Barmaid can help. Have you got any of the T and C's of the pension or maybe access to their website?

[Peter Pedant]

oops
https://www.gov.uk/wills-probate-inheritance/once-the-grants-been-issued

yeah Barmaid is the girl...
I think you pass the hat around the residuary beneficiaries

[Peter Pedant]

yeah I thought 16 wks was a world record
the one insolvent estate I did - was that
just writing around and confirming creditors got nothing including me

[Oleanda]

Yes it was quick, as there was only money involved. The death was Jan 2017, the letter May 2017. Executor wrote back explaining that all was done and dusted, and asking for details of how the pension was paid and for what periods (it would be a big coincidence for it to have been exactly a month overpayment). No reply, till Feb this year another letter, from a different person, claiming they had had no reply to their previous request. Exec. wrote back, including a copy of his previous reply. Three weeks later we await their response.