Need help quickly please

TonyMMM

Lexxi wrote: »

Data Protection still applies so the bank shouldn't be discussing this with you or your mum.

Sorry - that is completely wrong ...The Data Protection Act only covers "data which relates to living individuals who can be identified from the data"

Banks are perfectly entitled (and willing) to discuss such things with the executors of an estate or person seeking to be an executor or otherwise deal with the estate.

The advice given still stands though - the debt is one for the estate not mum (unless she signed up to any sort of joint loan) ...I would move any cash out of the joint account until it is settled.

LittleMissKitty

So sorry to hear of your loss. You've got very good advice from everyone here and I hope it gets sorted as quickly and painlessly as possible.

Kitty x

RAS

happyhaddock wrote: »

In particular there is an outstanding loan that my dad took out last year, he was sole signee, but the payments are funded from their joint a/c. The bank has rung my mum tonight as she has been struggling to make the loan repayments and have told her that even though dad signed the papers she is liable for repayment of the loan as it is a joint account:(.

let's get this straight.

If this is a joint account, on your dad's death the contents of the account become the sole property of your mother. FULL STOP. No need for probate or anything, as the sole survivor it is her money.

The debt becomes part of the liabilities owed by your dad's estate. That estate does not and cannot include any of the money in the old joint account, because that is now owned by mum.

Does MUM have any debts owed to the bank, as they could off-set them against this account?