I was executor for my fathers will more than 10 yeara ago and have just received a letter from the solicotor saying they never billed the family for their services. They want to discuss the bill now. My first reaction is that the length of time is too long. What is your advice?
Nothing, this is my first port of call.
The statute of limitations is 6 years in relation to any debt collection claim and as such they would be statute barred from suing the estate for the fees. In any event the assets from the estate are no doubt distributed at this point
Thanks for the reply, it confirms my own thoughts.
Should I make contact and quote the above or just ignore the correspondence on the basis that if I reply this could be seen as reseting the clock.
If you acknowledged the debt this could be seen as agreeing that it would be paid and may reset the clock. So if they contact you again simply indicate that they are statute barred in relation to this
I have made no contact since I received the letter.
Should I ignore this and all future correspondence completely or write back stating that any outstanding bill would be statute barred?
You can write to them to advise that such a claim is statute barred and any proceedings will be fully defended
B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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