Advice- sMall estate, no will

brewerdave

Keep_pedalling wrote: »

I was under the impression NW demanded probate for very small amounts, and as we bank with them I thought I would check, but looking at the following link it appears you can retreive amounts up to £30k without probate, although they do need the indemnity form countersigned by a solicitor or commissioner of oaths if it's over £5k

http://www.nationwide.co.uk/~/media/MainSite/documents/about/media-centre-and-specialist-areas/information-for-lawyers/deceased-customers/SF220.pdf

My local Nationwide branch would not issue me with ~ £12 left in my mother's account after her death without probate

Yorkshireman99

brewerdave wrote: »

My local Nationwide branch would not issue me with ~ £12 left in my mother's account after her death without probate

Which is very unusual but legally watertight.

dunroving

I was in a similar situation recently and was amazed that Barclays was ready to simply empty the deceased's account and transfer it to one of two beneficiaries (the deceased died intestate), without any evidence other than a death certificate. The indemnity form contained a couple of items that stated essentially (a) that the signee had spoken to any other beneficiaries and had their approval to receive the money), and (b) the signee accepted liability in the event that anyone else came looking for the money.

The deceased had debts far greater than the amount in the account and the beneficiary/signee definitely had not talked it over with the other beneficiary.

I understand when the situation is relatively simple, the bank may want to expedite and help the beneficiaries, but this situation seemed more like the bank wanting to wash their hands of the matter and close the account and be done with the situation. In a situation like this, if the signee had spent all the money, any other beneficiary probably would not have chased them for the money because legal costs would have been prohibitive.

Keep_pedalling

brewerdave wrote: »

My local Nationwide branch would not issue me with ~ £12 left in my mother's account after her death without probate

Unfortunately most branch staff in most banks do not understand the bank's own rules on this. Hopefully the bereavement department can do better.

Yorkshireman99

dunroving wrote: »

I was in a similar situation recently and was amazed that Barclays was ready to simply empty the deceased's account and transfer it to one of two beneficiaries (the deceased died intestate), without any evidence other than a death certificate. The indemnity form contained a couple of items that stated essentially (a) that the signee had spoken to any other beneficiaries and had their approval to receive the money), and (b) the signee accepted liability in the event that anyone else came looking for the money.

The deceased had debts far greater than the amount in the account and the beneficiary/signee definitely had not talked it over with the other beneficiary.

I understand when the situation is relatively simple, the bank may want to expedite and help the beneficiaries, but this situation seemed more like the bank wanting to wash their hands of the matter and close the account and be done with the situation. In a situation like this, if the signee had spent all the money, any other beneficiary probably would not have chased them for the money because legal costs would have been prohibitive.

If the bank has wrongly handed the money over then the estate can demand the money from them without much difficulty or expense. It is then up to the bank to pursue the culprit at their expense.

SevenOfNine

Keep_pedalling wrote: »

I was under the impression NW demanded probate for very small amounts, and as we bank with them I thought I would check, but looking at the following link it appears you can retreive amounts up to £30k without probate, although they do need the indemnity form countersigned by a solicitor or commissioner of oaths if it's over £5k

http://www.nationwide.co.uk/~/media/MainSite/documents/about/media-centre-and-specialist-areas/information-for-lawyers/deceased-customers/SF220.pdf

Can only speak from direct experience in late Feb last year. First had to make appointment with particular staff member, so presumably counter staff don't deal with such things.

Polite but absolutely "could not release the funds without probate"(LoA actually). Apologetic but immovable. In different circumstances it wouldn't have been financially worth the bother, so NW would have got to keep the money. She claimed the computer system would not allow her to complete the process without probate evidence!

Given that as far as NW were concerned they would not close a/c, we treated it as active & open & paid in a DVLA refund cheque in, saved returning it to DVLA.

TBH I'm not sure I approved at the ease with which Santander paid out, though I also thought NW were total "computer says no" m0r0ns, & demonstrated little common sense or compassion in the circumstances & the value concerned.