Beneficiary not taken cheque

lisyloo

Does the executor have any legal responsibility if they suspect benefit fraud?

Rural_Life

Think he is going to have to bite the bullet and speak to the solicitor and unfortunately for him pay the cost that comes with that. 

This is what he has been trying to avoid having to pay solicitor fees for the information because the benefitiary is avoiding cashing the cheque to, we think, not affect her benefits.
Surely this shouldn't be his hindrance 

Keep_pedalling

lisyloo said:

Does the executor have any legal responsibility if they suspect benefit fraud?

No, an executor only really needs to worry about bankrupt beneficiaries. 

lisyloo

Rural_Life said:

Think he is going to have to bite the bullet and speak to the solicitor and unfortunately for him pay the cost that comes with that. 

This is what he has been trying to avoid having to pay solicitor fees for the information because the benefitiary is avoiding cashing the cheque to, we think, not affect her benefits.
Surely this shouldn't be his hindrance 

Why does he need to pay a solicitor?
What's the issue with just leaving the money in an executors account?

MEM62

lisyloo said:

What's the issue with just leaving the money in an executors account?

It doesn't sound as if it is in an executor's account.  

TBagpuss

How much are we talking about , and is he open to actually talking to the beneficiary directly? 

IDeally, he would contact them, explain that the cheque hasnb't been presented and ask that they either do so within (say) 14 days or alternatively, retun it together with details of the bank account and the money will be sent by bank trnasfer instead. 

Mention that they re callssed as having the money so would have to declare it to DWP whtther or not the cheque is presented, so if they are concerned about their benefits, not cashing the cheque won't actually help.

Another option might be to open a new account they won't use for anythign else, transfer the money to that account, cancel the existing checque and issue a new one from the other account. It's a pain, but would be like having nan executors account in that they wouldn't have to 'mentally' set aside the money. 

HE might be able to send the money using a bankers draft - basically he pays the money to his bank, they issue a cheque which is in effect draawn on the bank's own account, so it's like buying a postal order but on a larger scale.  
I am not sure what the situation would be if the recipient then lost the cheque, presumably they would still be entitled tothe money if they could show a paper trail but I think that would be between them and the bank . You would need to check with your own bank what the conditions were  and of course cancel the oroginal checque before issuing the draft! 

p00hsticks

lisyloo said:

I’ve put through old cheques before and they went through. I don’t think there is much checking these days.

It depends on how much the cheque is for though - I've recently been writing out cheques to distribute an estate, and one that was perfectly valid and presented has been refused because I didn't respond in time to a text message from the bank asking me to confirm that the cheque was indeed valid (it was, but they only gave a window of a few hours to respond, and I didn't pick up the message until that window was passed).  

lisyloo

MEM62 said:

lisyloo said:

What's the issue with just leaving the money in an executors account?

It doesn't sound as if it is in an executor's account.  

That's the question.
What's the issue with creating a seperate acount and leaving it there?

lisyloo

p00hsticks said:

lisyloo said:

I’ve put through old cheques before and they went through. I don’t think there is much checking these days.

It depends on how much the cheque is for though - I've recently been writing out cheques to distribute an estate, and one that was perfectly valid and presented has been refused because I didn't respond in time to a text message from the bank asking me to confirm that the cheque was indeed valid (it was, but they only gave a window of a few hours to respond, and I didn't pick up the message until that window was passed).  

Yes. I received a large cheque recently and it worked that way too.

Rural_Life

lisyloo said:

MEM62 said:

lisyloo said:

What's the issue with just leaving the money in an executors account?

It doesn't sound as if it is in an executor's account.  

That's the question.
What's the issue with creating a seperate acount and leaving it there?

He doesn't want to have to keep a sum of money in an account in his name indefinitely, that's why I asked how long does the person have to claim the money