Bank refusing to pay PPI as husband deceased

Eliwallach · 13 September 2014 at 9:20PM

Hi folks,
New on here so I apologise if this has been covered a hundred times already.

My Mother had completed a ppi claim and stated that my Father had passed away. She received a letter shortly afterwards confirming the application was successful and she would receive a cheque in the post which she did. Unfortunately it was made out in both my Mothers and Fathers name. When she called the bank she was asked to send my Fathers death certificate as proof which she did she received a letter back saying they had received it and she would hear from the bank within 28 days. The 28 days had come and gone so she phoned only to be told they wouldn't be sending a cheque as needed more evidence such as a will or a letter of authority (??). My mother is nearly 70 and this has stressed her out a bit as it is quite a substantial claim. Can anyone give me some advice on how best to pursue this? My Mother has felt like givin up as she doesn't know what to do which is probably exactly what the bank wants.

flossy_splodge · 13 September 2014 at 9:40PM

They'll only be looking to check that she should be the beneficiary. Just send a copy of the will - assuming there is one? Who is/are the executors of the estate?

DevCoder · 13 September 2014 at 9:41PM

I believe this is correct as the bank needs proof that your mother is a beneficiary.

DevCoder · 13 September 2014 at 9:42PM

Or what flossy said

flossy_splodge · 13 September 2014 at 9:48PM

:rotfl::rotfl::rotfl::T:T:T

Eliwallach · 13 September 2014 at 10:00PM

Thanks for the replies. There is no will. How do we prove my Mother is the beneficiary? My Mother was given my Fathers pensions etc. Sorry law is not my strong point :-(

Eliwallach · 13 September 2014 at 10:03PM

My parents lived in a council house so there was no estate as such and all possessions, bank accounts etc were in joint names

Insider101 · 14 September 2014 at 7:35AM

If he left a will she will need to obtain a grant of probate. If not, she needs to obtain a grant of letters of administration.

These documents prove legal entitlement to administer the deceased's estate.

GFA · 14 September 2014 at 11:28AM

Insider101 wrote: »

If he left a will she will need to obtain a grant of probate. If not, she needs to obtain a grant of letters of administration.

These documents prove legal entitlement to administer the deceased's estate.

This is not necessarily the case. If:

1. All of the deceased's assets were jointly held with his wife as the OP has stated; and

2. the assets do not include property - ie a house; and

3. the net value of the estate is reasonably small (under £20,000 for example)

it may/will not be necessary for the widow to apply for a Grant of Letters of Administration to deal with the assets. In fact, if the bank accounts were in joint names, they will automatically pass to the widow on the death of her husband. All the banks will need to see is an original death certificate.

Insider101 · 14 September 2014 at 11:55AM

GFA wrote: »

This is not necessarily the case. If:

1. All of the deceased's assets were jointly held with his wife as the OP has stated; and

2. the assets do not include property - ie a house; and

3. the net value of the estate is reasonably small (under £20,000 for example)

it may/will not be necessary for the widow to apply for a Grant of Letters of Administration to deal with the assets. In fact, if the bank accounts were in joint names, they will automatically pass to the widow on the death of her husband. All the banks will need to see is an original death certificate.

Just realised I didn't read the earlier posts properly as the OP did say there was no will.

This is fine for dealing with the administration of those assets which formed part of the estate at death. If they were all jointly held then generally they would all pass to the surviving spouse I agree. However, the OP's father's share of the redress is a posthumous asset and it is debatable whether it could be considered a jointly held one, though the insurance policy itself may have been joint. That said, I do agree it would be pretty harsh for the bank to ask for this if it is not available already and unless the value of the redress is significant (grants of LOA are not cheap to obtain). But if the OP did get one then it would end any debate.

Maybe

GFA · 14 September 2014 at 12:12PM

Insider101 wrote: »

Just realised I didn't read the earlier posts properly as the OP did say there was no will.

This is fine for dealing with the administration of those assets which formed part of the estate at death. If they were all jointly held then generally they would all pass to the surviving spouse I agree. However, the OP's father's share of the redress is a posthumous asset and it is debatable whether it could be considered a jointly held one, though the insurance policy itself may have been joint. That said, I do agree it would be pretty harsh for the bank to ask for this if it is not available already and unless the value of the redress is significant (grants of LOA are not cheap to obtain). But if the OP did get one then it would end any debate.

Maybe

It would be ideal if the OP/her mother did. However if not, surely its a matter of explaining to the bank that the deceased died intestate and it was not necessary to obtain a Grant of Probate/Letters of Administration as the assets were held jointly and that perhaps his estate was small (if this was the case)? It isn't an unusual occurrence not have a GOP/LOA under these circumstances and the bank should have dealt with cases like this before.

Bank refusing to pay PPI as husband deceased

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