Relative died with no will - SCOTLAND

buddy9

on the basis of my experience, the bank will freeze the account if the sole account holder dies and will only release the money to the executor.  No will means no executor therefore an eligible person might have to apply to the court to be appointed executor dative.

kayleighali

Thanks everyone

thegreenone said:

But you don't know until you go and ask.  All the time FIL is faffing (sorry, don't mean to be rude) he could miss out.  Get down to the Bank and ask to put a hold on the account as Sheramber advised.

Oh don't worry, you're not rude I share your frustrations. We have suggested it to FIL but he doesn't want to 'poke the bear' by being seen to do something behind sister's back. We may be fighting a losing battle here unfortunately.

GSS20 said:

When my mum died during covid I still had to register the death over the phone although she died at home. Can your partner phone the registrar to see if the death has been registered and obtain a copy death certificate to take to the bank. Does your FIL get a pension or claim benefits. A benefits letter is proof of ID for the bank and also any bills including council tax etc. Without a death certificate I wouldn’t think his sister could go to the bank and get the money as I had to practically take a DNA test to register the death with the bank and that’s with the Will and a death certificate. Could your partner go to the house with FIL and search for the bank statements I would think FIL would have more right to be in the house than his sister’s partner or is he as unreasonable as his wife.

Yeah that's one form of ID but they need a photographic ID aswell which FIL doesn't have - only has his bus pass but they won't accept that. Unfortunately, the value of the account is below the banks' amount which they will release so there won't be a hold on the account unless we specifically arrange it. FIL knows how much is in the account so knowing that isn't an issue

buddy9 said:

on the basis of my experience, the bank will freeze the account if the sole account holder dies and will only release the money to the executor.  No will means no executor therefore an eligible person might have to apply to the court to be appointed executor dative.

Thanks but as the value of the account is below the banks' threshold it will be released to the personal representative unless we manage to get a freeze on the account.

For anyone who is reading this who doesn't have a will...please, please write one. It's not until someone passes that you realise the trouble it causes

p00hsticks

buddy9 said:

on the basis of my experience, the bank will freeze the account if the sole account holder dies and will only release the money to the executor.  No will means no executor therefore an eligible person might have to apply to the court to be appointed executor dative.

It very much depends on the particular bank and how much money there is in the account.

My OH was able to obtain his mothers savings - a few thousand pounds - after her death without probate (there was no will). The bank simply asked him to provide a sworn statement from a solicitor to declare that he was the closest kin and that he was therfore entitled to the money under the intestacy rules (I think the solicitor charged about £10 for doing this).

Savvy_Sue

kayleighali said:

GSS20 said:

When my mum died during covid I still had to register the death over the phone although she died at home. Can your partner phone the registrar to see if the death has been registered and obtain a copy death certificate to take to the bank. Does your FIL get a pension or claim benefits. A benefits letter is proof of ID for the bank and also any bills including council tax etc. Without a death certificate I wouldn’t think his sister could go to the bank and get the money as I had to practically take a DNA test to register the death with the bank and that’s with the Will and a death certificate. Could your partner go to the house with FIL and search for the bank statements I would think FIL would have more right to be in the house than his sister’s partner or is he as unreasonable as his wife.

Yeah that's one form of ID but they need a photographic ID aswell which FIL doesn't have - only has his bus pass but they won't accept that. Unfortunately, the value of the account is below the banks' amount which they will release so there won't be a hold on the account unless we specifically arrange it. FIL knows how much is in the account so knowing that isn't an issue

that's a shame, I was going to suggest a bus pass, as that's what my co-executor did when we needed to prove who he was - no passport and his driving licence is still paper! 

Cheaper than a passport, and probably quicker to get one: https://www.citizencard.com/ - is it worth asking if the bank would accept that? I would also try to escalate the fact that they won't accept a bus pass:  there are so many people who do NOT have a driving licence or passport, they really ought to have provision for this.