Premium Bonds

CBRPilot

My partner of over twenty-five years passed away in late December 2018 after an almost seven-year battle with a cancer, during which I was her sole carer. We lived as man and wife but never married or had a civil partnership. Unfortunately, she couldn’t bring herself to make a will even though everyone advised her to do so. Our mortgage free home was held in joint names on the deeds, we had separate bank accounts and neither of us have/had ANY debts.
My partner has two surviving sons, both in their forties, unfortunately they live a thousand miles apart and sadly share an intense dislike and distrust for each other. They both however have a great relationship with myself and I am privileged to have their utmost trust and respect in me. They both were and still are more than happy for me to make ALL the arrangements for her funeral and deal with their mother’s estate in every way. I have done everything that has been legally required of me regarding my partners death in order to deal with her bank accounts etc.
However, when it comes to dealing with her premium bonds NS and I have stopped me from carrying out my promise to my dying partner to close her account and distribute the money equally between her sons. I have never wanted anything of her monetary estate and still don’t. Whilst I do understand that certain protocols have to be adhered to, I find it totally despicable that NS and I will not let me deal with the matter even though I have proved to them who I am. As I am a bond holder myself and it was me that notified them of her death and it was me that carried out her bidding when it came to her purchasing more premium bonds.
Despite countless phone calls to N S and I to explain the situation they are still insisting that I obtain a grant of probate or letters of administration even though I have made it crystal clear to them that I am NOT entitled to either and that her sons are unwilling to let each other deal with the matter.
A solicitor informed that I could deal with the matter if one of my partners sons gave me General Power of Attorney, however an N S and I employee told me that was not the case. He even went as far as to try to tell me that my wish to divide the monies equally between my partners two sons was an “unusual request”.
I can’t begin to explain how very upsetting and depressing this is being on top of my bereavement, so please could someone help me?
Quite simply, can I deal with my partners Premium Bonds if I have either Lasting Power of Attorney or General Power of Attorney?
Many thanks.

AnotherJoe

My condolences. And, sorry, no. LPA literally ends with death.
You would be better off posting on the death and probate forum, but are you sure you cannot get letters of admin? Especially if you had a signed letter from one or both of the brothers authorising you to act on their behalf?

CBRPilot

Hi, thanks for your prompt reply. I never had LPA from my partner, the question was if one of her surviving sons granted me LPA could I deal with NS and I . I'm under the impression that because we never had a civil partnership I'm not entitled to letters of admin.

Linton

There is a strict pecking order to become an Adminstrator - the sons are high on the list and I am afraid an unmarried partner does not appear at all. Either of the sons could apply, which would presumably resolve the issue. If the sons wont cooperate I do not think there is anything you can do, after all they would appear to be the only people who would suffer financially.


If you have a solicitor I think you should trust in them rather than unknown people on the net.


PS NS&I are not being "despicable", but rather are following the law. Only an adminstrator has the authoritry to deal with your partner's assets. If neither of the sons are willing to be Administrators are there any other family members who could do the job - eg adult grandchildren, nephews, neices?

CBRPilot

Thanks for your reply. The fact that I'm not allowed to fulfill my promise to my late partner is so very frustrating and upsetting on top of the depression and bereavement i'm experiencing.

"When the letters of administration are not required
In most cases, where there are properties in an estate, you will need to be granted letters of administration. However, you won’t need any of these documents if the estate consists of:
• Cash and personal possessions such as cars and jewellery
• Property that is joint-owned with a living person

Usually, an unmarried partner who has not been named as an executor in the will won’t be granted letters of administration. "

As her sons aren't willing to cooperate is General Power of Attorney or Lasting Power of Attorney an option ?

Paul_DNAP

You can't get any sort of power of attorney for a deceased person. You need to get advice on how you can become the executor of her estate, if you can get that the rest of it will fall into place.

talexuser

Unfortunately all POA ceases on death of the donor, then the executor becomes the driver.

eskbanker

While I can understand your desire to deal with this, can you not just put the ball in the sons' court by advising them that their mother wanted them to have half each of her Premium Bonds money but that you are unable to make this happen, and that this is dependent on them taking action? If they want their inheritance then they'll (have to) find a way, rather than this being your responsibility....

Linton

Paul_DNAP wrote: »

You can't get any sort of power of attorney for a deceased person. You need to get advice on how you can become the executor of her estate, if you can get that the rest of it will fall into place.

The OP wants to act as an attorney for the sons who arent prepared to act as Administrators themselves but apparently are willing to give him PoA if that would allow him to do the job. Perhaps the only people who can give a definitive answer is the probate office. See https://www.saga.co.uk/magazine/money/personal-finance/inheritance/find-a-probate-registry for some info.

CBRPilot

Thank you all for your prompt and helpful replies. Having just spent another twenty minutes on the phone to NS and I , I've been told that only the eldest son can deal with his late mothers premium bonds and to do that he will have to apply for probate. But if anyone knows otherwise please inform me hear.
Regards

Paul_DNAP

Linton wrote: »

The OP wants to act as an attorney for the sons who arent prepared to act as Administrators themselves but apparently are willing to give him PoA if that would allow him to do the job. Perhaps the only people who can give a definitive answer is the probate office. See https://www.saga.co.uk/magazine/money/personal-finance/inheritance/find-a-probate-registry for some info.

But it really seems to be the wrong tool for the job.
He doesn't need to be the power of attorney for the sons' affairs. He needs them to agree to allow the probate service to recognise him to as the executor of their mother's estate. Then he can get the corect documents NS&I need to shut the premium bonds down. Then he can settle the estate.