Deceased's account and next of kin.

ARFAN-

Hi ive spoken to tsb bank regarding my deceased grandfathers account and told them the next of kin who is my grandmother is living abroad and currently doesnt have any intention to return to the UK in the near future. I told them that im going to go visit her this month and if there was anyway of getting the funds in my grandfathers account released.

I was told that i could write a letter from my grandmother to sign to say she would want to pass on the responsibility to me to deal with the account and to return it to the claims department and that it would be up to them to decide whether to release the funds.

Is there a template that i could follow or is there a way to change next of kin that my granmother could sign as im not sure how to word it. Also the bank didnt mention that i would need grant of probate. I believe that its only needed when the account has more than £10,000 in it.

Also my grandmother doesnt have a uk bank account for otherwise i believe they could have transferred it straight in to that.
Any help would greatly be appreciated thank you.

TonyMMM

There is no legal definition of next of kin.

Assuming he didn't leave a will (you haven't mentioned one ?) then whether someone needs to apply to administer his estate depends on the value and what it consists of (shares ? property ?).

If it is just cash in an account then the bank's policy is what is relevant - they may be prepared to release the funds to you and can ask for whatever they want in terms of letters from grandmother /signing indemnities etc. Different banks have different rules on the amounts they will release without probate/administration and in what circumstances.

ARFAN-

Thanks for the reply. Theres no will and only the one bank account no other shares or property. When i told the bank im next of kin they originally said as my grandmother is the closest next of kin she needs to come into the branch.

Il have to write them a letter explaining the situation and see what the claims department say. Thanks for your help.

Uxb

Where a person dies without making a will then the UK's intestacy rules under the administration estates acts will apply.
Next of kin legal or otherwise is not really a factor.

Relevant to this example is where a person dies with suriving children and an estate less than something like £250K then the spouse inherits the lot under the law in the UK
So the spouse of the Grandfather ie the Grandmother gets 100% of the estate.

The bank will want to satisfy themselves 100% if they get any request to re-direct the payment that this is all above board and the grandmother has not been "coerced" into signing away their rights.
As @TonyMM says - at this point it is down to the bank individual policies as to what they will do with 'small' amounts held with them without seeing a formal grant of probate (will) or administration (no will)

jonesMUFCforever

OP How much are the total balances on the account?
If a few thousand they may well deal with you. If more probably not.

I doubt whether a letter from the mother would be sufficient to be honest I think if there is no will then obtaining a grant of representation would be the safest way for you to proceed.

ARFAN-

About £9500. Thanks will have to look into grant of representation if a letter doesn't work. Good choice of football team by the way.

xylophone

https://www.tsb.co.uk/help/support/dealing-with-difficulties/bereavement/

http://www.mindatrest.co.uk/blog/intestacy-rules-2015-flowchart

http://www.makeawill.co.uk/page-dealing-with-intestacy-file-107.html