What happens to your debts when you die?

StepChange Debt Charity
by Lovemoney Staff StepChange Debt Charity on 21 May 2012  |  Comments 12 comments

Debt doesn't disappear when you pass away.

What happens to your debts when you die?

We recently came across this story from broadcaster Danny Baker, who was diagnosed with throat cancer a couple of years ago (he’s now fully recovered) but had no relevant insurance and not enough money saved to cover his bills during his illness.

Danny was lucky enough to be able to call on his friend and fellow broadcaster Chris Evans, who lent him £30,000 to cover his essential bills at a frightening time in his life.

We’re not all lucky enough to have a friend like Chris who can step in at a time of real crisis. Our Helpline deals with callers from all over the UK in all different kinds of financial dire straits, sadly including those who are fighting illnesses.

Difficult time

It’s heart-breaking to find out that you have a serious (and perhaps terminal) illness, but this is only made worse by the devastating loss of income and/or lack of necessary insurance to cover you during this difficult time.

To help cope with this loss of income we make sure clients are claiming all the benefits that they are entitled to. We have a dedicated Welfare Benefits department that exists for this very purpose.

However, the harder job can be to stem the expenditure.

You might think your credit card repayments or other debts are the least of your worries when faced with serious illness. Our counsellors find that clients are often being bombarded with calls from creditors following the normal debt collection process.

Even though it may seem like it, creditors aren’t being monstrous; they just need to be fully informed of your situation so that they can come to some form of arrangement with you. They can’t do this if they haven’t been told about what’s going on.

Health and family are more important

It's human nature to bury your head in the sand when it comes to creditors. After all, dealing with your health and your family are more important.

Our counsellors sometimes deal with people with very serious health conditions who are under the impression that once they die any debt they have will be written off.

This isn’t strictly true - if you leave no money or assets then the creditor has little choice but to write off the debt. However, if there’s an estate left behind creditors can and do make a claim to recover any money left outstanding by the deceased.

Upsetting time

What can be even more upsetting to explain is that any joint debts would now need to be repaid in full by the other person. It is very painful for some clients to realise that after they die they are leaving living loved ones with unmanageable debt. It means that, after a relative’s death, we offer help and support to a lot of families.

Finally, one of the many misconceptions surrounding debt is that those who find themselves in debt have done so from overspending or living recklessly beyond their means. However, life shocks such as death and illness are much more likely to cause problem debt. We’re here to manage this worry, at a very stressful time.

If you’re worried about your level of debt, or are trying to cope with debt in the aftermath of a death, you can always use our online debt counselling service Debt Remedy to find a solution to your situation quickly. If you’re worried about your level of insurance consult lovemoney.com’s life insurance comparison service.

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Comments (12)

  • Quarket
    Love rating 25
    Quarket said

    There is very little in this article about what happens to your debt when you die except for a link which takes you to http://www.direct.gov.uk/error/404.html which is an error page.

    Report on 21 May 2012  |  Love thisLove  1 love
  • Mike10613
    Love rating 599
    Mike10613 said

    @Quarket, the link works now...

    Report on 21 May 2012  |  Love thisLove  0 loves
  • andy44
    Love rating 8
    andy44 said

    The link is this:

    http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

    There are mechanisms in place to make it very hard to leave back debt that will not be repaid by the heirs of the deceased. It would take great coordination and planning to arrange one's finances in such a way that the heirs will not be responsible for debts. But it is feasible and anyone with assets should be making plans of passing those assets to his heirs avoiding the taxman and the debt collectors.

    Report on 21 May 2012  |  Love thisLove  0 loves
  • traveler
    Love rating 0
    traveler said

    So there must be a deadline on when debts can be reclaimed,

    eg a notice given with a timelimit ?

    else, how can the executer or partner left behind, know that whatever remains is now available for distribution without further liability, or does an executer always have to have liability insurance for such cases ?

    if this article is highlighting incomplete assumptions, should it not include what steps need to be taken, even if they have to be legally executed not just a normal person taking action. And how it 'should' be closed off, especially as it has been highlighted that the typical circumstances are not reckless but unplanned and relatively sudden.

    Report on 21 May 2012  |  Love thisLove  0 loves
  • electricblue
    Love rating 643
    electricblue said

    If someone dies with no assets and a pile of debts, don't get suckered in by a solicitor into paying good money to sort out their affairs. Grab papers and items of only sentimental value and put them on one side. Put any other items of potential value somewhere secure in case creditors want legal recourse, but otherwise just leave well alone and don't get dragged into a mire of paperwork leading nowhere. Heirs can only inherit wealth, they don't inherit debts unless they can be deducted from an estate. If dealing amicably with a simple estate then by all means get probate and do it yourself. It's a breeze and solicitors will happily rip you off at least £2-£3K for doing very little work.

    Report on 21 May 2012  |  Love thisLove  0 loves
  • Talent
    Love rating 77
    Talent said

    Hi traveler. When my Mother died there was a legacy to be divided three ways. I hadn't had anything to do with my family for over 30 years and didn't want any contact now. I told the lawyer to split it between the other two.

    I was sent a form to fill in, indemnifying the lawyers against any future claims against the estate, even though I wasn't benefiting in any way. I told them what to do with their form. They then said they couldn't distribute the legacy unless I signed. I told them to go forth and multiply.

    I don't know what happened eventually but I wrote on the form that I was not indemnifying anyone for anything, ever and initialled that. I don't know if the other two were paid out. Not interested.

    Report on 26 May 2012  |  Love thisLove  0 loves
  • RocketSteve
    Love rating 30
    RocketSteve said

    This article reads more like an advert...

    Report on 26 May 2012  |  Love thisLove  1 love
  • charles125
    Love rating 53
    charles125 said

    A few important points about debt problems. Firstly it is very very expensive to raise a family, the more so if it is a large family. Serious extra costs can arise as they get older, if they live at home and can't find work. Also if they go to university and also incur high travel costs, material/book costs and income is middle of the road meaning a huge contribution towards their study and living costs. Then there is the problem of unexpectedly high maintenance costs with a car, or major appliance breakdowns in the house. It really is a 'lottery' as to how lucky/unlucky people are with emergency repairs to cars, appliances, houses, etc. If you hit the unlucky jackpot with a lot of emergency costs over the years, this may have to go on credit or bank loan debts. Relationship breakdowns can cost a fortune financially.

    I get extremely cross at the very inconsiderate people who say debt is caused by loose living and loose financial control. Many people who manage their finances extremely well usually, can for whatever reason, and there are plenty of reasons, including loss of employment or reduced employed hours, suddenly or over a period of time find themselves incurring serious debts.

    If a credit card holder dies and there are large outstanding balances, then the spouse may well need to try to get further voluntary payment terms with the credit card companies. The same rule applies to transferred debts, you cannot be forced to pay more than you can actually afford to pay. Send details of the estate and income and budget figures in to support any claim of severe financial difficulty.

    It is well to have some form of life insurance to help clear debts. Remember to negotiate with the creditors on a 2/5 of the debt basis and try to get F & F (Full & Final) settlement in writing conditional on their cashing any cheques. Don't whatever offer the full amount to clear the debt, unless you are certain, as in absolutely, absolutely sure you won't have future finance problems.

    In any event (if you haven't any other or can't afford life insurance) always pay about £5 monthly into an over 50s plan to cover funeral costs which can be horrendously high, easily £3,000 - £4,000, so your loved ones don't have this added extra strain on their finances at what is already a very difficult time for them.

    Overdrafts may be a particular problem if the spouse who dies is the major income in the family, as the bank is entitled to call this in if it is felt income is insufficient to justify extending the overdraft, or set a much reduced overdraft limit. If you have to have a substantial overdraft and are the major household income earner, it is doubly important to have sufficient life insurance cover.

    The surviving spouse may have to prioritize bill payments and expenditure, to cover essential bills, taxes and essential living costs. It may be necessary to sell the house and apply for council housing as a priority application. This is especially the case if the spouse has a low income, there is an outstanding mortgage, and if all children are over 18 (It is much more difficult for creditors to force a house sale while there are any children under 18 living at home, though if there continue to be very substantial mortgage shortfalls, repossession will occur at some stage whatever).

    The first few months after the death of a spouse can be very difficult as it is, and all the more so if a major change has to be made, to budget to live on a much reduced income. Eventually though things will settle down, and the spouse will get used to managing as best they can on a minimal income. but this can take a lot of getting used to where the previous spouse had a substantial income and the surviving spouse does not. Seek help wherever you can after a spouses death, especially if it is going to involve, or turns out to involve serious financial problems.

    Report on 27 May 2012  |  Love thisLove  0 loves
  • eLJay
    Love rating 76
    eLJay said

    I've heard this arguement so many times and often from the same people with huge televisions and shiny cars they pay for on credit. Okay you cannot plan for emergencies, but you can save for them. If you cannot afford to save 10% of your wages every year then you shouldn't have a family as you have no ability to plan or lead, people need to stop ignoring their responsibility and constantly expecting handouts. Job not paying you enough? Then get a better one.

    If you are going to be so affected by a spouses death then you should insure (though that should probbaly be assurance), also check if their job has a death in service payment. Otherwise either insure your spouse or declare yourself Bankrupt before your house is going to be repossessed so you can start negotiating with your creditors rather than losing everything.

    Report on 28 May 2012  |  Love thisLove  0 loves
  • Ed Bowsher
    Love rating 79
    Ed Bowsher said

    Hi RocketSteve,

    You say this article reads like an advert.

    I can see why you think that, but I would point out that the CCCS - who supplied this blog post - are a non-profitmaking debt advice charity. They do a lot of good work for people suffering from serious debt problems. They don't rip people off, unlike many commercial debt management companies.

    They're also experts on the subject of debt. So that's why we're happy to take a blog from them and we also frequently recommend them in our articles.

    Regards,

    Ed Bowsher, lovemoney.com

    Report on 28 May 2012  |  Love thisLove  0 loves
  • Salfordguy
    Love rating 22
    Salfordguy said

    So Danny Baker a very successful highly paid Presenter couldn't afford to pay his bills and had no insurance!!! What a fool!! Obviously he was living well above his means. He would be the first one to have a go a stupid Joe Public for the same thing!

    Report on 12 June 2012  |  Love thisLove  0 loves
  • RocketSteve
    Love rating 30
    RocketSteve said

    Well said @Salfordguy

    Having a TV and paying the extortionate TV license (to fund those like Baker) is not a right: note the number of sky dishes in social housing areas.

    Bad education about finances, the celebrity culture (deserve everything) and acquisition of material goods is to blame for debts.

    Perhaps Lovemoney could run an experiment to see how little a single person, family, couple etc. can really live on?

    Report on 17 June 2012  |  Love thisLove  0 loves

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