Misrepresentation to access funds

concerned43

I am the executor of my late mother's estate. It's a small estate of £11000.
While notifying insurance providers and the bank of the death and to make claims for funds, I learned that my brother had already made claims (day after funeral). These claims were paid out to him as he told them he has the authority to do so.
I am now in a position of having to take my brother to court for the money to be repaid to the estate.
I have made official complaints to the financial organisations involved and so far all I've got from them is to get legal advice. 
I am furious that I have to pay to sort out the problems the financial institutions have presented me with. 
Due to his and their actions I cannot pay the funeral bill and have received letters from the funeral director stating that my account is being passed to debt collectors. 
All of this is causing me distress and worry. 
My questions are: what is the point of the executor role if any tom, !!!!!! or Harry can get their hands on money?
How can financial institutions just shrug their shoulders and pass the buck onto the executor? 

user1977

That's the inevitable risk of smaller creditors not requiring probate - they don't realistically have any means of knowing which sibling (if any) has a better right to the funds. The alternative would be everybody demanding probate for even the smallest estates.

doodling

Hi,

Whilst people disagreed with me last time I said this, I'm pretty sure that the risk is the bank's, not yours as executor.  At a very simple level, it was your money that the bank gave to someone else, I can't see what legal principle entitles them to do that without any comeback.

I would talk to your solicitor about whether you should be suing the bank and your brother jointly - that might be helpful if your brother has already spent it.

theoretica

I agree - the banks paid out to a fraudster on his word.  Make it the banks' problem.

HobgoblinBT

You refer to yourself as executor.  Is there a will? 

SevenOfNine

Quite a lot can be taken if he had the death certificate. Certainly Lloyds, Santander & Barclays, & assuming the a/c is below the organisations limit for paying out (as high as £50k for some), with ID & a disclaimer signed.

My mum's insurer wanted probate as well (as did NatWest but only because they were totally clueless). There were wills for 2 of the estates, none of the banks even asked.

TBH it shocked me how powerful just a death cert is, I imagine signing the disclaimer is their 'get out of jail free card'!

elsien

Did your mum leave a will? It was unclear from your last thread as to what capacity you were acting in. 

https://forums.moneysavingexpert.com/discussion/6427443/administrator-late-mother#latest

Teapot55

Who registered the death?

concerned43

user1977 said:

That's the inevitable risk of smaller creditors not requiring probate - they don't realistically have any means of knowing which sibling (if any) has a better right to the funds. The alternative would be everybody demanding probate for even the smallest estates.

The financial orgs have their own policies for claims. The bank for example insists on proof of executor before releasing funds but yet did not follow their own policy. 

concerned43

doodling said:

Hi,

Whilst people disagreed with me last time I said this, I'm pretty sure that the risk is the bank's, not yours as executor.  At a very simple level, it was your money that the bank gave to someone else, I can't see what legal principle entitles them to do that without any comeback.

I would talk to your solicitor about whether you should be suing the bank and your brother jointly - that might be helpful if your brother has already spent it.

I agree but they are taking zero responsibility. 

concerned43

HobgoblinBT said:

You refer to yourself as executor.  Is there a will? 

There is no will, I applied to the court to become the executor and this was granted.