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Bank closed deceased fathers account and should not of
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The bank may pay out without probate but surely they should have checked on whether there was a will with named executor or whether the person claiming the money was a PR ?
In the OP's case, I would be consulting a solicitor. The father left a valid will under which the spouse was left only a life interest in the property.
The spouse has availed herself of money to which she had no legal right.
And see for example https://www.hsbc.co.uk/help/life-events/bereavement/faqs/
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xylophone said:The bank may pay out without probate but surely they should have checked on whether there was a will with named executor or whether the person claiming the money was a PR ?
In the OP's case, I would be consulting a solicitor. The father left a valid will under which the spouse was left only a life interest in the property.
The spouse has availed herself of money to which she had no legal right.
And see for example https://www.hsbc.co.uk/help/life-events/bereavement/faqs/
The problem is the majority of people do not make wills, and the only way a bank could do further checks would be to force thousands of people administering small estates to apply for letters of administration, which they don’t currently need to do.If the OPs step mother told the bank that there was no will either because she lied or was not aware of one the bank is not at fault, the blame lies with the person claiming to to represent the estate.1 -
Who was the executor of the father's will? really the bank should only have let that person have the money. if he had no will then they did the right thing passing it to his widow.
You do need to sort this out with her son, what is the issue stopping you being able to talk to him?0 -
Flugelhorn said:Who was the executor of the father's will? really the bank should only have let that person have the money. if he had no will then they did the right thing passing it to his widow.
You do need to sort this out with her son, what is the issue stopping you being able to talk to him?
https://www.lloydsbank.com/assets/media/pdfs/investments/direct-investments/Lloyds%20Small_Estates_Form%20online.pdfAs banks have no way of checking if a will exists or not, they would only be at fault if they failed to get the indemnity form signed.0 -
https://www.google.com/url?q=https://www.barclays.co.uk/content/dam/documents/personal/miscellaneous/Personal-indemnity-form-website11-070716.pdf&sa=U&ved=2ahUKEwi4o7WulNTnAhXhXRUIHcZbBbcQFjAAegQICBAB&usg=AOvVaw3ZPcEmB42gxCpT6OIPgDeR
The form will have looked like this, see page 2 of it. We've had to deal with the estates of 3 deaths & Barclays, Santander & Lloyds banks, NONE of whom asked if there was a will. Just as well with Lloyds as there were 2 named executors on it, & we were deliberately removing every penny in the deceased's a/c out of the grasp of 1 of them as fast as possible.
Which financial organisation is involved?
Seen it all, done it all, can't remember most of it.0 -
The form will have looked like this, see page 2 of it. We've had to deal with the estates of 3 deaths & Barclays, Santander & Lloyds banks, NONE of whom asked if there was a will. Just as well with Lloyds as there were 2 named executors on it, & we were deliberately removing every penny in the deceased's a/c out of the grasp of 1 of them as fast as possible.
Which financial organisation is involved?
Thank you ever so much for your reply. It is Barclays and my step mum signed it but died just before money went into her account. Her son ,sole beneficiary of her account may have it now ,solicitor involved now .
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