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Insolvent Estate

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bednobs | 16:09 Sun 21st Nov 2021 | Law
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Hi, my mother in law died around 5 years ago. She had no will and her estate was insolvent. My husband has 4 brothers and sisters and agreed to sort it out as he had been dealing with her finances prior to her death.
All 5 children knew the estate was going to be insolvent and have been told so and have accepted that's the case. There was enough in thebank account to cover a basic funeral and the FD were paid directly from the account. However, she was a "cheque's in the mail" kinda gal and there was a large utility debt she had been paying off from a few years ago. and a few other (non-govt) debts. There was an overpayment of pension for about 10 days that was paid back.
All that was 5 years ago, and life has just got in the way of doing "sorting" there is about £250 in the account, which is far exceeded by the debts we know about. My husband wants to get rid of all the paperwork and is proposing paying the £250 to charity and forgetting about the rest of it. I know this is not an ideal way to deal with it and the proper way is to list all the creditors and amounts and spit the £250 in proportion but what are the possible consequences of his course of action?
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actually I think that is a good idea
I will not ask how he is gooing to get his hands on the £250
remember gift aid

the actual position is not badlly done here
https://www.kingsleynapley.co.uk/services/department/dispute-resolution/wills-trusts-and-inheritance-disputes/trustees/breach-of-trust
I dealt with an insolvent estate 2017
you ust write to them and say no loo-la
and they say, yeah OK

I sweated about a final account ( £9000 lacking) and no one turned a hair. I was never asked for one let alone prove it
Question Author
thanks pp. the problem is we dont know all the debts but it just seems like a disproportionate amount of effort to find out!
Since this is a public site
The letter I received from Br Gas was:

"15 June 15 - - Dear Pyotr Petrovich
The Estate of Jarn Smith
gas numero - - -
elec numero - - -

Thank you for your recent letter about the above accounts.
I understand that the late Mr Smith left no estate to clear the above balance. Having received the requested documentation, I confirm the account has been updated and the charges withdrawn.

we have arranged for the death certificate of the late Mr Smith to be returned to you and you will receive that in a few days

thank you for contacting British Gas

X Y Z customer service."

I cant remember the relevant documentation - the Death cert of course - although I prepared a final account - with documentation for every debt, I never sent it to anyone. Incredz because it took me hours to prepare, and I expected sallow chain smoking clerks to stab it at personal interview and complain that 3p was lacking here and 4/6 was too much there.

I did NOT seek letters of representation for intestacy
on the grounds that it cost £315 and no prospect of anyone getting any moolah. ( I buried him at my cost)

date of death 15 Apr 2015 - I didnt waste much time
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"although I prepared a final account - with documentation for every debt, I never sent it to anyone. Incredz because it took me hours to prepare"
that's what we want to avoid

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