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Complicated!
Comments
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My brother has been in contact with her now and she is under the opinion that we should pay for the funeral, but said she will pay if we produce the reciept. Not sure I will actually get the money, but I will keep you posted. At the end of the day it was my own fault trusting her and giving her the death certificate.
So she wasn't even the person named on the death certificate as having notified the death?
She could have been a light-fingered carer or cleaner or 'friend' who turned up at the PO and was given the cash! I'd be complaining about that.0 -
So she wasn't even the person named on the death certificate as having notified the death?
She could have been a light-fingered carer or cleaner or 'friend' who turned up at the PO and was given the cash! I'd be complaining about that.
No she wasn't named on the death certificate. But the thing is I gave her the certificate, so if I complain to the post office wont they say I gave her permission to close the account? Although I didn't actually think they would let her close it.0 -
No she wasn't named on the death certificate. But the thing is I gave her the certificate, so if I complain to the post office wont they say I gave her permission to close the account? Although I didn't actually think they would let her close it.
I think the onus is on the company to show that they took reasonable measures to make sure the person they gave money to was entitled to receive it.
If they had received authority from you that you had given her the certificate and were happy for her to close the account, that would have been different.
All they knew was that someone turned up at the PO with a death certificate and said 'give me everything in that account'.0 -
Anyone can get a death certificate.0
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getmore4less wrote: »Anyone can get a death certificate.
True. A death certificate is not proof you are a personal representative.
Financial institutions work on a risk basis for small sums. Applicant claims they are the personal representative, they have the death certificate, they show some identity, sign an indemnity, so they limit their risk.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
As the first in line to be PR would be the father(in the absence of wife or kids) the brother could not authorise the admin by a third party without first getting concent from the father.
I think one route is fork out the money for the grant and send that to the PO with a claim for the assets.
I wonder if there were more assets.0 -
No she wasn't named on the death certificate. But the thing is I gave her the certificate, so if I complain to the post office wont they say I gave her permission to close the account? Although I didn't actually think they would let her close it.
The counter case is you only gave permission(with that of your father) to notify the death.
itis fairly common for that to be someone other than the administrator.0 -
No she wasn't named on the death certificate. But the thing is I gave her the certificate, so if I complain to the post office wont they say I gave her permission to close the account? Although I didn't actually think they would let her close it.
You are missing the point and making this too complicated.. The death certificate is a record of death and whoever is named on it (beyond the deceased) is irrelevant. The DC simply proves that the Registrar is satisfied that the person is dead. Anyone with the deceased name and date of death could get a copy.
Unless you and your father told the lady that you were both content that she acted as the Personal Representative, she has acted without authority. What matters is what she has signed.
Legally your solution is to apply for a Grant of Administration and then confront the Post Office with this (they will have to sort that out with her, but they are legally obliged to pay the money to the legally appointed PR named in the grant).
Alternatively, you can tell the lady this is what you are doing unless she releases the funds to pay for the funeral and distributes any remaining money in accordance with laws of intestacy.
Either way it does not matter what the post office says unless you and your father have told them that you are not willing to be the deceased PR. Which you say you have not.
Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
Thank you for all you replies and advice. I have now received a cheque for the funeral costs, which was what I wanted all along.0
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