sorry, more probate help

g6jns_2

BobQ wrote: »

I think you will find that they do. It does surprise me how much they will now repay though.

I suspect that this is just risk management from their point of view. As the recipient is signing an indemnity to repay the money if they are making a false claim, the bank would just pay out money again to a legitimate executor and sue the person who had claimed the money and attested that there is no Grant of Probate.

Nationwide require you to swear an oath over £5K.
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http://www.nationwide.co.uk/~/media/MainSite/documents/guides/dealing-with-the-unexpected/bereavement-request-to-close-account.pdf

You may well be right about them regarding it as risk management but that does not alter the principle that financial institutions have a responsibility to clients. I wonder how many cases get settled quietly to avoid bad publicity? It would not be good publicity for a bank to admit they had not been sufficiently diligent. The other point is people should get proper advice rather than relying on a forum like this. Good as it may be it is no substitute for consulting the CAB or a solicitor.

treecol

Crabapple wrote: »

Going back to the OP here - your husband as co-Executor needs to speak to the Solicitor.

I will be speaking to the solicitor tomorrow. I doubt he is aware of the land & as land registry & HMRC say probate is necessary, combined with the fact I've recently done this twice for my late parents estate, we will apply for probate ourselves, saving solicitors fees.
For the sake of £200, I think probate is the sensible way forward when property/land is involved. I think the other executor is afraid of the legalities/responsibilities.

BobQ

treecol wrote: »

I will be speaking to the solicitor tomorrow. I doubt he is aware of the land & as land registry & HMRC say probate is necessary, combined with the fact I've recently done this twice for my late parents estate, we will apply for probate ourselves, saving solicitors fees.
For the sake of £200, I think probate is the sensible way forward when property/land is involved. I think the other executor is afraid of the legalities/responsibilities.

Bar in mind that joint executors are jointly responsible for complying with the law. You need to agree with the other executor that you will take the lead. Someone who is worried about the legalities may want to use a solicitor.