Powers of Attorney and Executors

Keep_pedalling

disinherited wrote: »

But when the bank closed the accounts the will had not gone to probate. Also the person closing the accounts and to whom the money was paid to was not an executor anyway. he was the next of kin but had no power of attorney even before the death. I have done as you suggest re letter and 14 days notice etc but been met with silence.

Banks do not require probate providing the amount does not exceed their self set limits, if they did verbally all estates would have to go through probate for relatively small amounts of money.

They will also pay out to the next of kin if there is no will, so in this case it sounds like this was what the bank were told.

disinherited

I asked the bank why they paid out to the next of kin given there was a will and that the executors ( not the next of kin) were awaiting probate (not granted for another 2 months). The next of kin could have lied and said there was no will but then they would have to present a letter of administration, which of course they did not have. The bank(Lloyds) declined to answer. I have made a formal complaint to the bank but am not holding my breath. As I said, I am amazed that someone can walk in to a bank and close the deceased's bank accounts(3 off) without any authorisation, whatever the sum may be.

Flugelhorn

It is pretty standard for banks to pay out sums of this sort to next of kin before before probate or LoA. I helped handle uncle's estate, bank paid out 15K to his brother who was one of two remaining siblings, without him going to the bank or being involved in the process.

Keep_pedalling

disinherited wrote: »

I asked the bank why they paid out to the next of kin given there was a will and that the executors ( not the next of kin) were awaiting probate (not granted for another 2 months). The next of kin could have lied and said there was no will but then they would have to present a letter of administration, which of course they did not have. The bank(Lloyds) declined to answer. I have made a formal complaint to the bank but am not holding my breath. As I said, I am amazed that someone can walk in to a bank and close the deceased's bank accounts(3 off) without any authorisation, whatever the sum may be.

No they would not have to present letters of administration. Not all estates require it and provided the deceased accounts do not exceed the bank’s limits they will pay out without letters of admin or grant of probate.