debt, marriage and death

[helly1]

my mums partner has just found out that he has terminal cancer and not much time left. They are discussing getting married but she is worried as he was declared bankrupt (now discharged) and he is still paying the ? fees for the bankruptcy, she is going to be in a quite dire financial situation in the future and is worried that if they marry she may be liable for any debts outstanding, they are both pension age and there will be no estate after his death

many thanks

[nufsaid]

Hi helly sorry about your situation I don't know the answer but maybe this will bump you up and someone on here may know the answer you need.

Good luck with everything.

NS x

[slick132]

Hi Helly and I'm sorry about your news.

 

This would be an ideal time for your mum's partner to consider making a (new) will to reflect his present wishes. A solicitor dealing with this would be able to advise on the financial pros and cons of marriage.

 

I'm sure joint bank a/c's would be a bad idea.

 

On his death, if he had no estate (net assets), his debt would die with him.

 

Others may think diferently or have more to add.

[rory32]

Quite simply if the debts are in his sole name then the debts will die with him. Your mum will have no liability - although when he dies she may be contacted by his creditors if they are married as some are more law abiding than others. However as there will be no estate they will receive nothing.

 

IMO if they wish too then they should marry and enjoy the limited time left available (his debts should not be a consideration). If she is then hassled by any of his creditors after he passes away then she needs to raise this with Trading Standards, FOS, OFT.

[The GodMother]

Sorry to hear about your mothers partners problems with the illness.

 

If you mum want to marry him then tell her to go ahead and then he can ammend his will accordingly.

 

Debts will be a problem but they will be his problem as rory says. The more law aboiding the company the better.

[helly1]

Thank you, this is what i thought.

 

i know it sounds awful to even think of this at the moment. he is a lovely bloke who unfortunatley has had very (you woulndt believe:eek: )complicated financial "issues" over the years but hey if life was perfect we wouldnt need CAG , i am just so sad about about this situation.

thakns again

[joyce34]

I dont know the law but if any debts are in his name then that surely is nothing to do with you,one thing to make sure is that you have no joint accounts as this makes you a financial association on your credit report and affects your credit rateing,other than this I cant see anything that can affect you.if you are in a good position,from experience I would put things like utilities in your name as it is hard enough loseing someone without haveing to remember who to write to,to change things.

 

joyce