Payment by widow

[seasickstevie]

Not a happy tale ... I'm looking to see where I stand on this one.
If a contractor (me) does a job for a client, and invoices him, then sadly the client dies, can his widow be expected to pay the bill?

The work was done for the client's business, but he operated as a sole trader (not a company), and I was told by the client face-to-face that I'd be paid, in the final few weeks of his life - this really is a sad tale, and I feel a bit awkward to say the least. Also a family relative (other than his wife) said prior to the client's passing that everything would be sorted, but it's proved more than difficult to get a response.

The fact is, I really don't owe the widow any favours, but she's refusing to answer my calls.

It's now well over eighteen months since the client's sad demise, so I've certainly not been insensitive, and given plenty of grieving time.

Anyone experienced this, and any advise?

 

[freddiemercurystwin]

Is it a sizeable amount? Hundreds? Or thousands?

 

[Mottie]

Surely it’s a claim on their estate?

 

[JohnD]

The executor should pay it. If probate has been granted you can look up who this is.

Search probate records for documents and wills (England and Wales)

probatesearch.service.gov.uk

If not you can order a standing search for £3 and they will notify you when granted.

Anyway, you should send a letter addressed to "Executors of Mr. X" at his former address with a copy of the bill.

The estate will be dealing with quite a number of bills and probably bank accounts.

It can take a long time to get probate.

 

[seasickstevie]

Is it a sizeable amount? Hundreds? Or thousands?

It's hundreds. As he was a long standing associate, I might've just put it behind me, but the majority of it was for materials, and I did offer to just remove the (almost still brand new) light fittings which could've likely been reused, and I would've just written off my time on the job. Although that was a worthwhile prospect, there was no cooperation from the family.

 

[opps]

My lay understanding- As a sole trader, he has unlimited liability. If he has any assets his estate is liable (but there may be other creditors that have higher priority than you). If he had no assets, his wife is not liable given that your contract was not with her. That said, the products that you supplied technically belong to you. I don't see why you would be denied the opportunity to reclaim them, even if it means going back and putting up cheap fittings.

Perhaps you post your question at

Legal

General advice on business law, including contracts, copyright and company structures

www.ukbusinessforums.co.uk

I haven't used the above before but used to use similar forums in the old days.

 

[Harry Bloomfield]

His estate is liable and it is down to the Executor to settle all of the deceased persons liabilities, before they distribute the remaining value of the estate to the beneficiaries. If Probate has been granted, the Probate Office will be able to advise on that - then Probate has been granted based on all outstanding bills being settled. Find out who the Executor is (Probate will know), write to the Executor stating how much is owed and what for, if they still fail to respond, then warn them you will open a Small Claim. If they still ignore you, go ahead with the Small Claim. The Executor is entirely liable for paying you, whether or not they benefited in the Will.

Sorting out a fairly straight forward Will took me 12 months six years ago, Probate from application to being granted took around five weeks.

 

[blup]

We were advised to do a section 27 notice which protects the executors if no debtors come forward within the stated period (2 months or so IIRC). The beneficiaries are still liable and it may be they didn't bother to disclose the debt in the probate process, or did so and reduced the inheritance tax but are not paying up. As above should have dealt with after 18 months.

Blup