Probate and indemnity after death

Ladywriter1968

A person who recently passed away, the local authority were holding their savings of excess of 5K. Person filled in a indemnity form and sent to local authority to claim back any money left over. The person has no estate or "will". The person was in a care home and the LA sorted out all payments as next of kin was too ill at the time to do it.

How does this work exactly?
Does next of kin have to swear on affidavid as they have never ever dealt with this before so they do not know the procedure. Is there costs involved in this?

Anyone who has been through this or knows details appreciated?

Thanks

g6jns_2

Ladywriter1968 wrote: »

A person who recently passed away, the local authority were holding their savings of excess of 5K. Person filled in a indemnity form and sent to local authority to claim back any money left over. The person has no estate or "will". The person was in a care home and the LA sorted out all payments as next of kin was too ill at the time to do it.

How does this work exactly?
Does next of kin have to swear on affidavid as they have never ever dealt with this before so they do not know the procedure. Is there costs involved in this?

Anyone who has been through this or knows details appreciated?

Thanks

If there is no will then the laws of intestacy apply. A close relative may need to apply for letters of administration so that the estate can be distributed. By what authority did the LA "sort out the payments"

BobQ

OP your post is not clear.

But the point you need to understand is that when the deceased was alive the LA was able to administer that person's finances if that is what was agreed. But when the deceased died, the LA has no authority to deal with the estate unless they have been given that authority.

If he died intestate any close relative can apply for a Grant of Representation (in this case Letters of Administration). The person receiving the Grant is responsible for paying any remaining debts (eg funeral costs) and distributing the remainder according to the laws of intestacy.

If the sums are small and it is very clear where the money goes, the LA may release the money to a close relative without a Grant (much like a bank would do). In which case they will probably ask the recipient to indemnify them against the money being distributed incorrectly. Not sure if this is type of indemnity you are referring to?

For a Grant the applicant will need to swear an oath ( at the Probate Office or at a local solicitor).

For a form of indemnity an oath may not be required but this is for the person asking for it to decide as a condition of releasing the money.

dzug1

Not sure you can say the LA has no 'authority' to deal with his money - if they are in possession of it then they have a duty to do so.


As stated above depending on the amount and their policy they will pay the administrator named in the Letters of Administration or pay whichever relative declares they are entitled to the money and signs a form of indemnity.

g6jns_2

dzug1 wrote: »

Not sure you can say the LA has no 'authority' to deal with his money - if they are in possession of it then they have a duty to do so.


As stated above depending on the amount and their policy they will pay the administrator named in the Letters of Administration or pay whichever relative declares they are entitled to the money and signs a form of indemnity.

Technically unless the LA has proper legal authority to hold money on behalf of, for example, a resident of a care home who has nobody to act on their behalf, then they can be in difficulty if a dishonest employee steals it. In practice I suspect that this sort of situation often occurs without a problem. In theory the Court of Protections should be involved but the costs can outweigh the advantages.

BobQ

g6jns wrote: »

Technically unless the LA has proper legal authority to hold money on behalf of, for example, a resident of a care home who has nobody to act on their behalf, then they can be in difficulty if a dishonest employee steals it.

I agree but LA would not be holding any funds if they had not been given them or been given a legal authority to control them.

g6jns_2

BobQ wrote: »

I agree but LA would not be holding any funds if they had not been given them or been given a legal authority to control them.

Really? There are all sorts of scenarios whereby the LA or their staff might have come to hold a resident's funds without legal authority.

BobQ

g6jns wrote: »

Really? There are all sorts of scenarios whereby the LA or their staff might have come to hold a resident's funds without legal authority.

Name some.

g6jns_2

BobQ wrote: »

Name some.

Have you no imagination? The care home could have received funds for the benefit of the resident and kept them in their safe for security. Lots of things like this get done informally and the legal niceties often get overlooked. I am not suggesting that this done for any nefarious reason but resident's belongs do go astray fro. Time to time and cash is usually untraceable.

Ladywriter1968

Thanks for your help as I have never dealt with this and its new to me, after sending the indemnity form to her at the local authority she then said, had I applied for "letters of administration"? now she did not explain to me how I am supposed to do this or where to go to do it or even what it means, or nothing, despite the fact she knows I have no idea with this and never dealt with it and recently lost my Father to so I have all that stress on top, the only help I have received is from people here who cared enough to explain and my sis in law on what to do. I am really frustrated with this woman at the LA as after my Fathers passing she has given little or no advice or help at all or what I am supposed to do or where I am supposed go go to even. She said once I do this his money will be released to me. All she does is send me emails, when I ring the office she is never available to speak to or at least explain to make things clear.

I assume when she says "letters of administration" that I now have to go to the probate office then, I found a main one in London.

and to explain yes the LA are holding Dads monies and are appointees and was paying the care home the fees from his pensions as at the time of Dad going in I was to unwell to deal with it all myself at the time and there was no other family that could help me or take over with it at that time. So the LA took over. There was never any problems with any of it, but just feel frustrated now as never dealt with this and also upset of Fathers passing and its worse when people cant be bothered to explain because the LA have dealt with this before and she knows my situation.

phew..........anyone got any chill pills.



any advice appreciated.

Thanks

G6JNS

Ladywriter1968 wrote: »

Thanks for your help as I have never dealt with this and its new to me, after sending the indemnity form to her at the local authority she then said, had I applied for "letters of administration"? now she did not explain to me how I am supposed to do this or where to go to do it or even what it means, or nothing, despite the fact she knows I have no idea with this and never dealt with it and recently lost my Father to so I have all that stress on top, the only help I have received is from people here who cared enough to explain and my sis in law on what to do. I am really frustrated with this woman at the LA as after my Fathers passing she has given little or no advice or help at all or what I am supposed to do or where I am supposed go go to even. She said once I do this his money will be released to me. All she does is send me emails, when I ring the office she is never available to speak to or at least explain to make things clear.

I assume when she says "letters of administration" that I now have to go to the probate office then, I found a main one in London.

and to explain yes the LA are holding Dads monies and are appointees and was paying the care home the fees from his pensions as at the time of Dad going in I was to unwell to deal with it all myself at the time and there was no other family that could help me or take over with it at that time. So the LA took over. There was never any problems with any of it, but just feel frustrated now as never dealt with this and also upset of Fathers passing and its worse when people cant be bothered to explain because the LA have dealt with this before and she knows my situation.

phew..........anyone got any chill pills.



any advice appreciated.

Thanks

Take a look at the Sticky items regarding intestacy that explains more. A close relative should apply to the Probate Office. This link tells you more

https://www.gov.uk/wills-probate-inheritance/overview

Beware of the companies that have official looking sites and charge an extra fee. Come back here is you need more help.