Rent Credit from Housing Association without solicitor signing or grant of probate.

Bryn99

Apologies if this isn't quite the correct section of the forum.

Me and my Brother are sorting out my Dad's estate, and the housing association owes between £300 and £400 to the estate.
Flat's been cleared out, and keys handed back.

It now seems that they want the Statutory Declaration signed by a solicitor or with a grant of probate, but the legal advice we've been given elsewhere says that for such a small amount, a solicitor's signature or grant of probate shouldn't be needed, and that the signature of the executor should suffice.

The declaration suggests that this is possible with parts of it saying "I confirm that no grant of probate or letters of administration (“grant”) is being obtained in the estate" and "In return for [Housing Association] paying the Sum to me without a grant, I agree to indemnify and keep indemnified [Housing Association] against all claims, liabilities, losses, charges, costs and expenses which they may incur as a result of paying the sum to me".

They are getting back to us, as they have emailed someone higher up the food chain to clarify the position.
It looks like getting a solicitor will cost pretty much the whole amount owed, although we will know for sure when we get some quotes on this.

So, anyone have any experience with something like this?
Just wondering if for such a small amount, the HA would bother worrying about demanding a solicitor's signature or grant of probate.

Any help or advice very much appreciated.
Thanks.

canaldumidi

Presumably you are the Executer. Have the HA been shown a copy of the will (redact the main body of it) naming you Executer?

Wait and see what they say, but there's no reason they shouldn't refund this money to the Executer. If you have an Estate account as oppised to a personal one, that might help?