Help please

joerugby

The DWP would be a good place to start. Ring them up, tell them all the information you have and ask for their response.

You should also contact any regular suppliers such as gas, elec, phone etc etc, probably identifiable from old bills, cheque stubs or bank statements.

A S27 notice (London Gazette) may throw up one or two unknown creditors which would be useful. Remember though that it protects you from further claims as an Executor, not as a beneficary. The DWP, for example, could still come after you as a beneficiary after the two months is up, so it's important that you are upfront with all possible creditors from the outset.

pauletruth

but at the present moment you have no authority to administer the estate. if the estate is more than 5000 then if there is no will you aunt died intestate and you need to apply to deal with her estate. you can;t simply transfer her money to yourself.

http://www.theprobatedepartment.co.uk/rules-of-intestacy/

joerugby

pauletruth wrote: »

but at the present moment you have no authority to administer the estate. if the estate is more than 5000 then if there is no will you aunt died intestate and you need to apply to deal with her estate. you can;t simply transfer her money to yourself.

http://www.theprobatedepartment.co.uk/rules-of-intestacy/

The OP said "I'm the sole executor and beneficiary of my aunts estate ....."

This suggested to me that there is a will

madbadrob

And also the OP said she had consulted a solicitor which also suggested to me there was a will especially as the solicitor said there was no need to apply for probate unless the banks wanted it. If there was no will the banks wouldnt release any money until Admon had been granted

Rob

John_Pierpoint

Leslie999 wrote: »

The first person to get their will to the office and have it stamped is given the legal position of executor, even if they lie on the form to get the executors hip privilege.
Having obtained probate / Confirmation , despite lies, the 'legal' executor can then take the money from Santander, and most other financial institutions.
If an interdict is then put on the deceased's estate to 'stop' the executor taking any funds from the estate, Santander and all other financial institutions will ignore it and still allow the executor to remove funds from the estate .
If you then complain about a financial institution allowing the 'legal' executor to take funds from accounts which have an interdict on them, the Financial Ombudsman will tell you the only person who can make a complaint about money being taken from accounts which have an interdict on them is the executor, who is the same person who is removing the funds they have a legal obligation not to remove.
Yet another 'legal obligation' of an executor for which there is no legal remedy accessible...
When are our banks going to stop helping executors to break the law ?
Where is the duty of care to the deceased ?
Or is it , 'no profit so don't care' ...
It is too easy to steal from a deceased's estate....
And our laws and the banks help make it too easy ...
Please banks , take more responsibility for the customer who was loyal to you in life...

As you can see from this posting, what you are meant to do and what you can get away with is not the same thing.

madbadrob

However the executor by removing money from the deceased's accounts is not removing money from the estate and therefore the banks are not in a position to stop the movement of this money. All an interdict does is place a burden on the executor not to dispose of that money there is nothing stopping them removing money and placing the same money into an executors account. This only becomes illegal when they actually dispose of the money. This then becomes a civil matter.

Rather than us posting on here backdoor ways to actually get a hold of money of the deceased by a money grabber would it not be better to lobby your MP and ask them for the law to be changed where all three executors have to obtain probate and that before money is released by the banks all three executors have to sign for it

Rob

ohlookabee

Hi all, sorry haven't been on. There is a will yes, the funeral is done and was already paid for all I have to do is the headstone. All bills are notified as in gas and elec. just trying to clear out her property as its a council property.
Rang dwp, hmrc and local housing assoc, explained situation to all of them and because she was in receipt of guaranteed pension credit the savings didn't Affect what she was getting. But I do owe a weeks overpay for a few things.
I want to do it all above board and right so nothing can come back on me! I will do the London gazette thing, thank you for enquiring that for me.

What do I do next after the property is cleared, the ad in the gazette is done and all bills known to me are settled? I'm not looking forward to doing the r27, looks incredibly complicated!

Thanks everyone for the help I've received so far

nom_de_plume

Well done you! Did you ask the various departments to confirm things in writing? It never harms to have a paper trail of important issues and particularly with regards to what does or doesn't need repaying.

Once the property is clear and you've handed the keys back, keep an eye on it and once it's re-let, knock on the door and ask the new tenant to keep an eye out for any mail and either have them forward it or give you a call. I know you've arranged to have mail forwarded but some can slip through the net. Make sure you take final readings when you lock up for the last time. You may have to meet a rep. from the HA to do a final check. Take photos.

I've not filled out an R27 but have dealt with a more complicated estate. What looks daunting initially will become easier as you get your head around it. If you get stuck, you know what to do :-)

ohlookabee

What is the r27 for I know it's a tax form and I've asked the banks for tax breakdowns from April 6th till I closed the accounts. What other information do I need?

Also this may sound silly but when do I know everything's done? Is there anything else I need to do?

madbadrob

The R27 is a form you fill in so HMRC can calculate what tax is to be paid or to be returned to the estate

Rob