Can you inherit a debt upon father's death?
Can you inherit a debt upon father's death?
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Discussion

bass2rez

Original Poster:

560 posts

222 months

Friday 24th August 2018
quotequote all
Does anyone know whether, as next-of-kin, you can inherit your father's debt upon their death? There are no joint mortgages or being named as a guarantor on any loan.

Many thanks in advance.

Cheers,
Steve

WonkeyDonkey

2,587 posts

133 months

Friday 24th August 2018
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I don't think so, they could make a claim to the estate if there is one.

bad company

21,919 posts

296 months

Friday 24th August 2018
quotequote all
bass2rez said:
Does anyone know whether, as next-of-kin, you can inherit your father's debt upon their death? There are no joint mortgages or being named as a guarantor on any loan.

Many thanks in advance.

Cheers,
Steve
No, you cannot inherit debt BUT if he has debts they’ll have to be paid from his estate if the estate has money that is.

sidicks

25,218 posts

251 months

Friday 24th August 2018
quotequote all
bad company said:
No, you cannot inherit debt BUT if he has debts they’ll have to be paid from his estate if the estate has money that is.
That would have been my assumption, but thought I'd wait for someone who knows what they are talking about to provide the answer!

Edited by sidicks on Friday 24th August 18:57

bass2rez

Original Poster:

560 posts

222 months

Friday 24th August 2018
quotequote all
Many thanks for your replies. I should add, the estate is very small, a few thousand pounds at most, no house (or mortgage - rented property) and no car.

The funeral has been paid for, and there is some money left in the bank after that but may not be enough to cover all the bills that have arrived. This is the reason for my question.

Thanks,
Steve

James_B

12,642 posts

287 months

Friday 24th August 2018
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There’s no legal recourse beyond the estate’s assets, but were it me I’d not want to leave my father’s debts unpaid.

markiii

4,295 posts

224 months

Friday 24th August 2018
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find out his debts are a couple of grand I take your point.

find out he owes a million, not a chance

bad company

21,919 posts

296 months

Friday 24th August 2018
quotequote all
James_B said:
There’s no legal recourse beyond the estate’s assets, but were it me I’d not want to leave my father’s debts unpaid.
Why not?

James_B

12,642 posts

287 months

Friday 24th August 2018
quotequote all
bad company said:
Why not?
Because it would be a debt taken on by a family member, which he would not have wanted to go unpaid.

Why would you not?

bad company

21,919 posts

296 months

Friday 24th August 2018
quotequote all
James_B said:
bad company said:
Why not?
Because it would be a debt taken on by a family member, which he would not have wanted to go unpaid.

Why would you not?
How do you know the family member would have wanted the debt unpaid. Why should the op pay it? It’s not his debt so why pay it. I certainly wouldn’t.

The Mad Monk

11,497 posts

147 months

Friday 24th August 2018
quotequote all
bass2rez said:
Does anyone know whether, as next-of-kin, you can inherit your father's debt upon their death? There are no joint mortgages or being named as a guarantor on any loan.

Many thanks in advance.

Cheers,
Steve
No.

No problem.

Glad to be of service.

James_B

12,642 posts

287 months

Friday 24th August 2018
quotequote all
bad company said:
How do you know the family member would have wanted the debt unpaid. Why should the op pay it? It’s not his debt so why pay it. I certainly wouldn’t.
Wanted it paid, not unpaid...

Anyway, how would I know my father would want a debt paid? Strange question, it’s because I know him and what sort of man he is.

If, as your post suggests, you don’t know your father well enough to know such things then you have my sympathies, that can’t be nice.

bass2rez

Original Poster:

560 posts

222 months

Friday 24th August 2018
quotequote all
Thank you everyone for the replies. Some very useful information.

Thanks,
Steve

bass2rez

Original Poster:

560 posts

222 months

Friday 24th August 2018
quotequote all
To clarify, this is not my own fathers death, but one of a local friend. My own father died about five years ago and as he left my mother and myself when I was five years old, I would certainly not have paid any debt of his.

You cannot assume a family member is close enough to want to pay for any of their debts. If you are very close to your father, then that is fantastic and I can imagine you would do so out of a sense of duty and respect, but please do not assume that is always the case.

Thanks,
Steve

bass2rez

Original Poster:

560 posts

222 months

Friday 24th August 2018
quotequote all
Further, and to answer James_B's point, no, it isn't nice.

otolith

68,969 posts

234 months

Friday 24th August 2018
quotequote all
No. As posted, the debt comes out of the estate. If there is not enough to cover it, the creditor will have to write it off. If there are multiple creditors the debt is paid pro rata.

Were it a debt to a person, I could understand the desire to clear it. If it's a debt to a commercial lender, the death of the borrower without sufficient assets to clear it is a risk they accept as part of the costs of doing business and is priced into their business model.

craigjm

21,477 posts

230 months

Friday 24th August 2018
quotequote all
No matter how close you were to a family member that died, if they had debts I can’t understand why you would repay them
After death if the estate didn’t cover it. Big financial institutions don’t care about honour or good name or any other st like that. What difference does it make if your father dies owing a few quid?

bad company

21,919 posts

296 months

Friday 24th August 2018
quotequote all
James_B said:
bad company said:
How do you know the family member would have wanted the debt unpaid. Why should the op pay it? It’s not his debt so why pay it. I certainly wouldn’t.
Wanted it paid, not unpaid...

Anyway, how would I know my father would want a debt paid? Strange question, it’s because I know him and what sort of man he is.

If, as your post suggests, you don’t know your father well enough to know such things then you have my sympathies, that can’t be nice.
Paid/Unpaid? Who knows what he would have wanted but either way the op isn’t responsible.

Your last paragraph is at best crass. My father died when I was a child. As you say ‘can’t be nice’. It isn’t.

85Carrera

3,503 posts

267 months

Saturday 25th August 2018
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bad company said:
Paid/Unpaid? Who knows what he would have wanted but either way the op isn’t responsible.

Your last paragraph is at best crass. My father died when I was a child. As you say ‘can’t be nice’. It isn’t.
Ignore him, he’s an attention seeker. See, eg, his other thread on how his £200k wardrobes and cinema room are worth a fraction of his home 🙄

anonymous-user

84 months

Saturday 25th August 2018
quotequote all
James_B said:
Wanted it paid, not unpaid...

Anyway, how would I know my father would want a debt paid? Strange question, it’s because I know him and what sort of man he is.

If, as your post suggests, you don’t know your father well enough to know such things then you have my sympathies, that can’t be nice.
In this hypothetical, if a deceased father is to be taken to have wanted an unpaid debt paid after his death, one might ask why he didn’t pay it before he died.