Santander have made me £6000 overdrawn

matttye

gb12345 wrote: »

You're reading it wrong.

The money she was paid was not from her nan's account - it was incorrectly transferred from a joint account that her mum & dad had and has been returned to her dad.

Got ya!

As the beneficiary of a will, is the OP not entitled to know how much of the money in said account came from her grandmother's will? Let's say the entire £6k in the account came from her grandmother's account, then she would be entitled to it anyway, it seems, as the money was left to her mother, and her mother's money was left to her.

I must admit I'm not experienced in this area, it's just what logic tells me.

gb12345

matttye wrote: »

Got ya!

As the beneficiary of a will, is the OP not entitled to know how much of the money in said account came from her grandmother's will? Let's say the entire £6k in the account came from her grandmother's account, then she would be entitled to it anyway, it seems, as the money was left to her mother, and her mother's money was left to her.

I must admit I'm not experienced in this area, it's just what logic tells me.

Nobody knows (unless the OP does) how much money the Nan actually had in her account. The £6,000 belonged to her dad and late mum and has nothing to do with her Nan.

dzug1

matttye wrote: »

Got ya!

As the beneficiary of a will, is the OP not entitled to know how much of the money in said account came from her grandmother's will?
I must admit I'm not experienced in this area, it's just what logic tells me.

No - in general the beneficiary of a will has no right to know where the money originated.

nikkiddavis

Thanks BobQ
My Nan's will said her money went to my Mum when my Nan past in 2006. My Mum's will states her money past to me, when my Mum past last October.

My Nan had a stroke in 2000, where she was completely lost her speak, its quite possible that she could of had an account hidden away that we know nothing about.

Santander told me it was Nan's money before the paid it into my account, I had not reason to disbelieve them.

I ran the lost account search after a saw a TV show about the varst amounts of money sitting with the bank in Dormant accounts. I can't remember if it was a Martin Lewis show.

BobQ

nikkiddavis wrote: »

Thanks BobQ
My Nan's will said her money went to my Mum when my Nan past in 2006. My Mum's will states her money past to me, when my Mum past last October.

My Nan had a stroke in 2000, where she was completely lost her speak, its quite possible that she could of had an account hidden away that we know nothing about.

Santander told me it was Nan's money before the paid it into my account, I had not reason to disbelieve them.

If the money was left by your Nan to your Mum Santander had no business telling you it was your money. If you were the executor of Nan's will they may have paid it to you has her executor but otherwise not at all.

If the money should have gone to your Mum but she died before receiving it, the executor of her estate (you, your Dad?) should have received the money and distributed it as per her Will (to you).

But if the money was in your Mum's joint account at the time she died, this would be treated as your Dad's. If you were left all of her estate then that does not include what is in the joint account.

nikkiddavis

Thanks BobQ
I agree with you. They never should have closed the account in my Parents name.

They did and told me it was my Nan's account, a dormant account. This was November 2012. We didn't discover they closed the joint account until February 2013.

BobQ

If the estates were small and did not go to Probate I think you need to ensure that Santander see the Wills and the Death Certificates. If there was a Grant of Probate, that as well.

It might be worth taking all of this a Branch for them to take copies and send to the appropriate department. At the same time see if they will do something constructive on your account (a free overdraft, suspend charges, etc) pending the investigation.

If your Dad is content that the £6000 is rightfully yours a simple solution is for him to rectify the situation by transferring it back. This might also make your argument with Santander easier to deal with.
But if he disputes the situation on the basis that the money was correctly paid to your Mum and in their joint account when she died so is his, you may have to accept this as the case.

gb12345

Can I just clarify a couple of things.

Did the £6,000 ever belong to your Nan?
Do you know if your Nan actually had an account and if so what was in it?

nikkiddavis

Hi GB12345
No, it was my Mum & Dad's
Yes, there was a dormant account in my Nan's name.

gb12345

The problem you have got then is that Santander gave you £6,000 that they shouldn't have as you weren't entitled to it. They have now corrected that mistake and clawed the money back from you.

They appear to have made an almighty !!!! up in the whole process.

First they have transferred the money from totally the wrong account.

Secondly, they appear the have transferred the money without any paperwork being completed, just on the provision of death certs etc and a phone call.

Thirdly, it should never have been given to you in the first place - it should have been paid to your mother as per the terms of your Nan's will. As your mother was deceased then it should have been paid to her Executors to distribute (were you an executor?) as per the terms of her will.

The problem is that whilst Santander may compensate you for the problems, it is unlikely that they are just going to hand over 6 grand just because you are now overdrawn.

I take it that you have spent the money that you received from them?