NS&I insisting on probate

didgemaster

Hi MSE forums

My mother-in-law passed away last year and my father-in-law is sorting out her savings and investments. NS&I are refusing to give him the savings until probate has been carried out. It does say that they can insist upon this but it seems a little harsh that he has to spend £1500 on solicitors in order to get to his deceased wife's savings. Surely there is something he can do?

Thanks in advance

JGB1955

Yes... he can apply for probate himself - it will cost £215 and is not very complicated at all.  
See Applying for probate: Apply for probate - GOV.UK (www.gov.uk)

MEM62

He doesn't have to spend anything on solicitors.  He can apply for probate himself.    

msallen

See very similar recent thread at https://forums.moneysavingexpert.com/discussion/comment/77812923

colsten

It’s very reassuring that NS&I require proof of legal entitlement before handing over a person’s funds to their spouse.

dunstonh

It does say that they can insist upon this but it seems a little harsh that he has to spend £1500 on solicitors in order to get to his deceased wife's savings. Surely there is something he can do?

Spending £1500 on solicitors is a choice.  Not a requirement.   There is absolutely no need to spend that much.

Pangolin76

Don't expect a quick response though, I put my late brothers paperwork in the beginning of August this year, now early December and still waiting, contacted the probate helpline to ask where its at, their response....we're very busy... 

Thrugelmir

Probate may well required to access the other "investments" as well. 

penners324

Very strange, when my father passed away none of financial institutions asked for probate. Just a copy of the will showing everything going to my mother and his certificate.
One firm said they needed probate, my mother said she didn't and they changed their minds and agreed.

jsmith9

the requirement for probate or not often depends on the sum of money involved. 

xylophone

Very strange, when my father passed away none of financial institutions asked for probate.

This depends on the rules applied by the particular financial institution.

Some banks will permit  access to quite substantial sums without probate.

NS and I mentions only £5000 - it says may but as far as can be judged from other posts on the forum, they tend to stick to this as a limit.

https://www.nsandi.com/help/manage-money-for-others/customers-who-have-died

If the deceased is the sole owner of a property/properties, probate will be required.

If the deceased owns shares, institutions have their own rules for what they regard as "small estates" for which a Grant will not be required to access the assets.