Can I be sued over my deceased mothers contract

[Elm1972]

To cut a long story short, when my mother passed away she died owing money for building works carried out prior to her death.

During the esate administration process, the builders were asked to provide an invoice stating what was owed and this was duly paid to them from my mothers estate.

The estate was settled 10 months ago, but the builders have now come back to me saying my mum still owed them money according to the contract (another 5% of the whole cost of the building works that were carried out). The contract was between my mum and the builders (I was not involved at all).

They say they didnt ask for it at the time because they were told by me that works would probably re-commence after the estate had been settled depending on funds available ( this is true, but sadly there were no sufficient funds left to finish the build, which they were informed of) .

Can they sue me (sole beneficiary) to recover the 5% still owed to them?

Many thanks for any help.

[woofgang]

I think possibly they may be able to as IMO you (verbally) might have assumed the contract by telling them that works would be resumed. I think you really need legal advice on this one

[Elm1972]

Thanks for your quick reply. Am just putting out the feelers at the moment as to what others think to this situation.

As and when I need to, I will definately be getting legal advice...i now think I am going to need it.

So, the fact that I told them that works 'might' re-commence will have a bearing on all this. Wish I had kept my mouth shut! Out of interest, how would they prove I had said this?

[albaqwerty]

I don't know about the legalities but I think they are chancing their arm.
Good luck

[ummmm]

Well when I spoke to my solicitor a few weeks back about a verbal agreement I had with my ex she said it means nothing as it ones word against the other.

So, deny any agreement.

[Elm1972]

Thanks again for the replies.

Although I am really frightened that they may try to sue, I am at the same time intrigued/interested to see what the legal outcome will be in these circumstances.

If I think about it, I never, ever said that the building works 'would' resume, only that it 'might be possible depending on funds'.

Also, it is not in my nature to lbe dishonest (although in this case I may just have to deny, deny, deny!)

Thank you once again for your thoughts.

[woofgang]

speaking from personal experience, its not the 5% that is likely to cause a problem for Elm if he/she loses but the awarding of costs. Verbal contracts ARE as legally binding as written ones, but they are of course much harder to prove.

[Dodger666]

The excecutors of your mother's will would be legally responsible to pay any bill that should have been paid prior to the residual monies being paid out to heirs. If you were the excecutor of your mother's will then you could be sued for any monies legally owed. If the excutor was a solicitor/banker then he/she could be sued.

http://www.co-operative.coop/legalservices/probate/The-role-of-the-Executor/What-are-my-responsibilities-/

[Elm1972]

Dodger666, as I understand it, the executors of the will have to place advertisments in local papers for anybody to come forward who is owed money by the deceased. (My solicitors did do this and the builders came forward and put in an invoice which was paid from estate funds).

I was also of the understanding that , provided the above has been done, the executors are only liable for 6 months after the estate has been settled should any new debts come to light. After that, its down to the beneficiaries.

Its just that my brain resembles mashed potato at the moment so I may be totally wrong. But I do remember something like that being told to me.

Also I thought that for any contract (verbal/written) to be legally binding it had to consist of a clear offer, and a clear acceptance of this offer. I don't see how discussing future possibilities and ideas with someone constitutes a contract.

As I said before, am finding this very interesting!

[Elm1972]

Have just double checked the solicitors file and I was indeed both executor (solicitors had power of attorney)and sole beneficiary of the estate, so either way I am liable...if indeed they sue and win.

I am now trying to find out about contracts being 'frustrated' on the death of a party and if this is perhaps the case with my mums and the builders contract.

All your advice is really appreciated, thanks.

[themas]

Like you, I find this very interesting. I have never heard that beneficiaries can be liable once the estate has been wound up. My understanding has always been that the purpose of the advert was to give anyone with a claim the opportunity to come forward and that, providing such an advert was placed, it absolved the executors (and thus the beneficiaries) of any further liability.

However, I am not a lawyer and could well be wrong.

I do think you need to consult the solicitor who acted for you. When you get this resolved it would be helpful if you could post the result here - if only to satisfy your respondents curiosity and interest.

[Skyline D]

A 5% 'retention' to be paid a year later is normal practice in the building trade with any major project. Since that's clearly what this was, I'm very surprised the firm of solicitors involved did not clarify the position with respect to the retention at the time of the estate settlement. I would start by talking to them.

[Elm1972]

Yes skyline, that's what it was....5% to be paid a year after completion of the project, subject to everything being satisfactory and no building faults coming to light within that year.

The question I ask myself now is, as the project was never completed (allbeit no-ones fault) does this 5% still apply?

What a tangled mess this has all turned out to be!

HOWEVER, and to update everybody else, things have taken a slightly different turn, and I am actually in talks with the builders who have shown an interest in buying the property from me (if we can agree a price!).

Never saw that one coming, but actually could work out well.

Many thanks for all your responses.