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Joshua
Joshua, Lawyer
Category: UK Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A friend of mine died intestate (07/10/09) Her next of kin,

Resolved Question:

A friend of mine died intestate (07/10/09) Her next of kin, an aunt, took the available relevant papers at the cremation. Since then my friend's affairs have not been dealt with. I suspect it is because creditors may be involved. My friend owned her flat freehold. The management committee who deal with the maintenance costs of the property have boarded up the flat to deter squatters. My name is XXXXX XXXXX friend death certificate and for this reason some authorities have sent me official letters that I have posted on to the aunt but she hasn't acted on them.
My question: If I can track her down can I legally ask her to transfer her next of kin obligations to me? There are no other surviving relatives other than cousins.
Submitted: 1 year ago.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Would you be prepared to so act please? Would you expect payment of any kind?

Joshua :

Would her aunt be prepared to execute a power of attorney to you in this respect?

Customer:

I would act but not to use my own money to pay any creditors. However I would be prepared to use the money generated by the sale of the flat. I wouldn't expect any payment although the flat was bought with my money.

Customer:

As I haven't spoken to the aunt since the cremation in 2009 I have no idea. I know she would like any money if there was any left and I would be happy for her to take it.

Joshua :

Thanks. Because your friend died intestate there is an order of priority as to who can act.

Joshua :

Essentially this is in order of closeness of relatives in descending order. If there are no relatives that are willing to act an interested creditor can take administration.

Joshua :

If you are willing to act then your friends aunt can given you a power of attorney to enable you to do this on her behalf. If the estate has some debts you would be well advised to secure professional representation as you can be personally liable if you pay debts in the wrong order or fail to pay a debt that is due.

Joshua :

Her aunt will need to consider giving you a s10 and s25 power of attorney

Joshua :

These powers can be prepared very inexpensively by a solicitor if she is prepared to do so.

Joshua :

Is there anything above I can clarify for you?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

What is a $10 or $25 power of attorney in English law?

Customer:

How is it possible to find out my friends unpaid debts? Obviously some have accrued since her death. How could I find out the order in which creditors should be paid? What about her partner who fled the scene after she died? He had been accused of embezzling money previously.

Customer:

I would very much like to clear up this mess but not enough to want to pay out debts from my own money. If I did get the power of attorney would I then also be liable for her debts out of my own money?

Joshua :

Sorry for the delay in reverting to you. A s10 Power of Attorney is a power that gives you the right to deal with all matters other than acting as a trustee. A s25 power gives you the right to deal with matters as a trustee under the estate. A solicitor can prepare powers for your friends aunt if she were willing to grant them to you.

Joshua :

If there are suspected unknown debts you would need to consider placing statutory adverts in the London Gazette and a local paper which advertises for creditors. After 2 months you an pay out as administrator without fear of being held personally liable if further creditors turn up later.

Joshua :

You would not be liable for debts as administrator of the estate under power of attorney unless you make a mistake in which case you can be liable. For that reason it is never sensible to act as adminstrator particularly where there are debts without professional representation where you are not also a beneficiary

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 5 other UK Law Specialists are ready to help you

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