Abbey National "Action Saver", where to begin?

muddlemand

Thank you everyone for so many replies!

I ought to have mentioned that my son turned 18 in 2011, and died at the age of 24. I know that if he did get access to the account he most likely closed it and the balance became just part of his own money. But if not,, the way I understand it, this account is now part of his estate? - rather than belonging to his grandparents, I mean?

(I really hope the grandparents aren't the only ones who can deal with this. Even if it was thousands I'd rather forget it than have contact with them. (That isn't just me, it's everyone throughout their lives including their own siblings etc, usually from their side not ours.))

@bowlhead99 Thank you very much for all that detail. Yes, I had forgotten but my ex is officially administrator rather than executor as there was no will. But in fact he did have to apply for a grant (he has been calling it a "grant of probate"), as our son was self-employed with an income from royalties, PayPal business account, and so on. If I have understood right, this means I can't do anything but have to leave it to my ex?

I will contact the Santander probate/bereavement team on Monday and at least find out what the steps are. I don't trust my ex with money - but he's more likely to let it slide, saying it's too much hassle, than to keep rather than sharing. If I can get him to do it, I will get my share... but when it was a PPI claim which would have given us a couple of thousand each, he couldn't be bothered and I ddin't have the authority. This passbook says £350 (out of date of course) but in my financial situation, that is one heck of a lot.

You say "If it eventually comes down to the bank not releasing funds to anyone other than the trustee of the account or named executor" - I am assuming this isn't the case because he was no longer a child?

(For some reason the multiquote didn't pick up all the posts I clicked on.)

@Reaper, well done finding that link - and thank you. Yes, the passbook shows <GRANDPARENT'S NAME> TRUSTEE FOR <SON's NAME>

Brynsam wrote: »

Post it to your ex and let him deal with it.

If I trusted him to, that's exactly what I would have done. But he's lazy - he jumped at taking over the task of dealing with our son's estate, because he likes to be in control, but after two weeks he'd had enough of the work. I never knew him do anything outside his job except TV and computer games; probate will have been taking over his evenings and weekends for a while. And if there's any amount, even £50-£100 will be a lot of money to me in my current situation. For £100 I could replace the fridge!

Dox wrote: »

It must have brought back some incredibly painful memories. Quietly disposing of the passbook might be the least upsetting option for you, instead of getting deeply into something where the money isn't going to help your eldest son - and doesn't belong to you.

Thank you for your sympathy. I do feel I want to know - and as I said above I don't feel able to "throw away" a chance of it being a useful amount. If any money does come out of it, I'll call it a gift from my son, looking after me as he used to say he would when he got rich.

jimjames wrote: »

I'd also bear in mind that although the passbook still exists it's possible that the account was closed some time ago especially if your ex may have been receiving paperwork about it

I know, I do realise that but I'd like to find out.

Reaper

muddlemand wrote: »

@Reaper, well done finding that link - and thank you. Yes, the passbook shows <GRANDPARENT'S NAME> TRUSTEE FOR <SON's NAME>

Ah the keyword there is "TRUSTEE" rather than "RE". That means it probably was in trust, so it was your son's money and not the grand parents.

Meaning it forms part of your son's estate.

muddlemand

Reaper wrote: »

Ah the keyword there is "TRUSTEE" rather than "RE". That means it probably was in trust, so it was your son's money and not the grand parents.

Meaning it forms part of your son's estate.

Thanks Reaper, that simplifies things.

I haven't been able to contact Santander today, staying with friends so it will have to wait a few days. But now I know where to begin - thank you everyone.

bundoran

muddlemand wrote: »

Thanks Reaper, that simplifies things.

I haven't been able to contact Santander today, staying with friends so it will have to wait a few days. But now I know where to begin - thank you everyone.

If the money actually is part of your son's estate - as you accept - then you won't be able to get at the money, as your ex applied for a Grant and is the administrator of the estate.

You have found an asset of the estate which the administrator didn't know about, so I'm afraid you should begin by handing the passbook over to your ex and getting him to deal with it. The Grant of Letters of Administration gives him the sole authority to deal with the assets of the estate.

muddlemand

Yes, I have no intention of keeping it secret. I just want to find out what needs doing so as to give my ex a simple list of steps to take. The more he's required to do, the less likely he'll do anything.

He is administrator but we all (he, I and our other son) agreed on that. On my own I'd have trouble getting him to communicate but having our son involved stops him refusing to share info.

I thought that with no will, it wasn't about who administers the estate but about being next of kin etc... But that doesn't matter, we'll find out. Can't predict whether any amount will come from it - it's just that if there is there is nothing, I don't want my ex's refusal to engage to be the reason.

bundoran

muddlemand wrote: »

Yes, I have no intention of keeping it secret. I just want to find out what needs doing so as to give my ex a simple list of steps to take. The more he's required to do, the less likely he'll do anything.

He is administrator but we all (he, I and our other son) agreed on that. On my own I'd have trouble getting him to communicate but having our son involved stops him refusing to share info.

I thought that with no will, it wasn't about who administers the estate but about being next of kin etc... But that doesn't matter, we'll find out. Can't predict whether any amount will come from it - it's just that if there is there is nothing, I don't want my ex's refusal to engage to be the reason.

Both you and your ex are the parents, so you are both equally "next of kin". You seem to have an idea that you alone are next of kin and you have mentioned it a couple of times in the thread, but that's not the case. It's a bit like when the second of a pair of parents dies, you get people saying things like "I am the eldest child and so next of kin" when in that case all the offspring are equally next of kin.

Provided that you are upfront with Santander from the start that your ex has a Grant of Letters of Administration - which you say you are going to be - then contacting them to find out what the process is can only be a good thing, because then you can explain it to your ex and present it to him as being really simple, easy and quick, in the hope that it encourages him to do something. It's a good plan and I hope it works.

muddlemand

Thanks @bundoran, yes, that's my hope. I was away this week and will deal with the question tomorrow.

In fact I did know we're both next of kin - when I only said "I", it was because I was only talking about me. Clarifying that we're equal when it comes to inheriting (since he died intestate), regardless of who is administering the estate - etc.

A further thought - is his brother also (and equally) next of kin?

bundoran

muddlemand wrote: »

Thanks @bundoran, yes, that's my hope. I was away this week and will deal with the question tomorrow.

In fact I did know we're both next of kin - when I only said "I", it was because I was only talking about me. Clarifying that we're equal when it comes to inheriting (since he died intestate), regardless of who is administering the estate - etc.

A further thought - is his brother also (and equally) next of kin?

You can nominate anyone as next-of-kin and it doesn't have a strict legal definition, but if you follow the Intestacy order of precedence in order to establish who is closest family for dealing with someone's affairs or getting a Grant of Probate or Letters of Administration then it is: Spouse/Civil Partner; Issue or issue thereof; Parents; Brothers and Sisters and Issue thereof; Half Brothers and Half Sisters or issue thereof; Grandparents; Aunts and Uncles or issue thereof ........ etc.