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Would you be prepared to so act please? Would you expect payment of any kind?
Would her aunt be prepared to execute a power of attorney to you in this respect?
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.
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.
Thanks. Because your friend died intestate there is an order of priority as to who can act.
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.
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.
Her aunt will need to consider giving you a s10 and s25 power of attorney
These powers can be prepared very inexpensively by a solicitor if she is prepared to do so.
Is there anything above I can clarify for you?
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What is a $10 or $25 power of attorney in English law?
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.
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?
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.
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.
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
Does the above answer all your questions or is there anything I can clarify or help you with any further?
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