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Identity protection and beneficiary

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Comments

  • buildersdaughter
    buildersdaughter Posts: 482 Forumite
    Fifth Anniversary 100 Posts
    edited 18 March 2018 at 8:49AM
    That is correct.My solicitor would not do anything like what you are suggesting. I was executor to my late partner with 4 beneficiaries .They would only forward money direct to verified bank account only.

    That would normally be the case. Exceptions are made in cases where identity needs protecting, but that is why an intermediary with official standing and knowledge of the issues, such as a solicitor, is needed.
    Yorkshireman - at the time of posting it would appear that OP didn't have a solicitor. She may be waiting to hear through some sort of intermediary how much she may expect.
    I think it is helpful if people come back to let us know what is happening - it adds to the sum of knowledge.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    That would normally be the case. Exceptions are made in cases where identity needs protecting, but that is why an intermediary with official standing and knowledge of the issues, such as a solicitor, is needed.
    Yorkshireman - at the time of posting it would appear that OP didn't have a solicitor. She may be waiting to hear through some sort of intermediary how much she may expect.
    I think it is helpful if people come back to let us know what is happening - it adds to the sum of knowledge.
    Sorry but you are quite wrong. It is a common occurrence for solicitors to act as an interdiary in such circumsatnces. The complication is the money laundering laws that mean the soilictor will need to be absolutely sure of the identities and circumstances before they will. act. That is why I said it would not be straightforward. The solicitor can easily accpt a cheque and pay it into their clients account and then pay the person from it.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Sorry but you are quite wrong. It is a common occurrence for solicitors to act as an interdiary in such circumsatnces. The complication is the money laundering laws that mean the soilictor will need to be absolutely sure of the identities and circumstances before they will. act. That is why I said it would not be straightforward. The solicitor can easily accpt a cheque and pay it into their clients account and then pay the person from it.

    This makes for interesting reading: https://www.sra.org.uk/solicitors/code-of-conduct/guidance/warning-notices/Improper-use-of-client-account-as-a-banking-facility--Warning-notice.page

    Not quite as easy as you would assume.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 19 March 2018 at 9:29AM
    Margot123 wrote: »
    I have read the rules and those really dont preclude a solcitor acting as the OP needs. Those rules cover a very differeent range of situations none of which apply in the OP's case. As I said before the solictor will need to make detailed enquiries to satisfy themselves of the identities and reasons. They might reomended using and escow company but unless the funds are very large the fees may well be too high. The bottom line is that the OP should ASK her solicitor rather than rely on advice from here.
  • Yorkshireman - you misunderstood what I was saying - although my second post may have been unclear. The situations I knew of used, I believe, bankers' draughts. However, I cannot comment on the exact technicalities of the banking.
    I had cause to work with people who had to change or protect their identities. Systems were in place to allow them to receive money in this, and a few other circumstances. That is why I suggested that OP consult a domestic abuse organisation, as they have the knowledge and experience to know where to send her.She was not clear about her reasons, but some sort of domestic abuse is the most likely. I do know that solicitors can organise this because I have known it.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Yorkshireman - you misunderstood what I was saying - although my second post may have been unclear. The situations I knew of used, I believe, bankers' draughts. However, I cannot comment on the exact technicalities of the banking.
    I had cause to work with people who had to change or protect their identities. Systems were in place to allow them to receive money in this, and a few other circumstances. That is why I suggested that OP consult a domestic abuse organisation, as they have the knowledge and experience to know where to send her.She was not clear about her reasons, but some sort of domestic abuse is the most likely. I do know that solicitors can organise this because I have known it.
    Noted and thanks for the clarification. Good advice. It is effectively the same system where the money is moved using a intermediary trusted by both parties so the funds are secured. This has been complicated in recent years by the draconian money laundering legislation imposed by the EU.
  • BigAnnieG
    BigAnnieG Posts: 28 Forumite
    Thanks so much for all of the above, it was really helpful. At the time of posting above, I didn't have a solicitor as I didn't want to instruct one until I knew whether it would be financially worth it (i.e., the fees wouldn't outweigh the inheritance).

    I have sought advice from Women's Aid (thank you for the suggestion!) and they are helping me to get this done with a solicitor as an intermediary. We're still working it all out, but it seems that I would be able to get the money paid to the sol and then to me, as long as I can prove I am who I say I am (was) - which is easy enough thanks to a ton of paperwork! Thanks so much for your help and advice here :)
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Well done you and thanks to the Builders Daughter for the Womens Aid information. Very useful for future reference. We can all learn.
  • Annie - have been off the board for a few days - thank you for updating us -as YM says, it helps us to learn - and I hope that you can have a nice treat when the money comes through.
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