Deceased parent

Discussion in 'Finance, Property, Law' started by FatBoyGeorge, Mar 13, 2013.

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  1. Evening guys,

    A guy I know recently lost his mother who was his only parent, inheriting her entire estate as a result. Before her death she ordered a conservatory and signed a contract for the work to be done. The conservatory has been built, not delivered or erected, but the company concerned is chasing my friend for the remaining money.

    I don't know what deposit was paid, how much is outstanding or what they plan to do with the conservatory, but what is the law regarding this?

    Trying to find some good news for the poor soul.

    Cheers,

    FBG.
     
  2. So they've built it and it's sat in a yard somewhere? Tell them to poke it. The person who signed the contracts dead and it's not as if they can come round and rip it out seeing as they never installed it.


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  3. That is my thought exactly.

    Does the vendor have a legal right to the outstanding amount, or are they trying their luck?

    Anyone got a definite answer?

    FBG
     
  4. Alright this is from a quick google

    They file a claim against the estate in probate court with proof of the debt.
     
  5. Thanks Polar, got a link for that?

    You're obviously far better with google than me.

    FBG
     
  6. I'd imagine they've a claim as they are made to order and they won't be able to use it again.
     
  7. Fang_Farrier

    Fang_Farrier LE Reviewer Book Reviewer

    I only know this from aspects of my work, they can claim the build costs but not the fitting.

    (no end of old folk die before you can finish their dentures!)

    Also a wee mention of media involvement (Cruel builder try to make dead mum pay for conservatory they never put up type headline)
     
  8. Is it not the case that the executor of the mother sorts out creditors before the estate is handed over to him, after all why should the windows firm take the loss?
     
  9. how much do they want for it?
     
  10. The contract would appear legal unless at the time of the agreement it could be proved (to a degree) that she was not of sound mind. Otherwise if the contract is broken then the company could take the 'estate' to court (and I believe they would win). The death does not of itself void any contract (IMHO). It would be advisable to seek legal advice should you wish to try and break this contract.
     
  11. Thanks for your help guys, much appreciated.

    I shall pass on your info.

    What work do you do FF?

    FBG
     
  12. oldbaldy

    oldbaldy LE Moderator Good Egg (charities)
    1. Battlefield Tours

    How many professions do you know who supply dentures?
     
    • Like Like x 1
  13. Fang_Farrier

    Fang_Farrier LE Reviewer Book Reviewer

    Really? With that nickname and the reference to fitting dentures?
     
    • Like Like x 1
  14. Bugger.... can't even blame the ale!

    FBG