Misrepresentation to access funds

Keep_pedalling

Banks will pay out smaller sums without probate or production of a will to a spouse or the children of the deceased. If they didn’t it would be incredible difficult for small estates where there was no will and there are a very large number of estates like that.

The problem here is your thieving brother. The bank will have got him to sign an indemnity form putting the responsibility entirely on him.

if you have not done so already write to him with a demand that he releases the money to you within 14 days or ease you will be proceeding with legal action to recover the money. If he fails to do so file a Monet claim on line you don’t need legal representation to do this. 

Flugelhorn

concerned43 said:

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. 

the problem with not having a will and henceapplying for administration is that your brother was equally entitled to apply and administer the estate, so banks will have assumed he was doing just that 

concerned43

SevenOfNine said:

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'!

I had taken the death certificate into the bank to get them to freeze the account. So when brother went in the paperwork had been done and a letter from my lawyer was also on the system stating my legal entitlement. The latter was ignored and they closed the account and transferred the money on the basis of my brother stating he represents the family. The bank have admitted their mistake but still want me to sort out their mess at the estates expense. 

concerned43

Teapot55 said:

Who registered the death?

I registered the death but anyone can get a copy of the death certificate. 

[Deleted User]

I was surprised how easy it was to get hold of the money in my fathers account. I just filled in the form on the website, uploaded a photo of the death certificate and my driving license, and 2 days later the money was in my account. I was expecting to at least get a phone call to confirm things.

Keep_pedalling

concerned43 said:

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. 

Why did you have to go to court? It is not a normally requirement for an intestate estate with surviving children, especially for such a small one. Probate was not required and banks will happily pay out to a child of the deceased as long as they present a death certificate and proof of who they are. This is the normal procedure for banks, so I don’t think they have done anything wrong. 

BooJewels

Perhaps send the bill for the funeral to your brother and say that as he has the money now, he should pay the bill on behalf of the estate.  Or re-direct the FD or debt collectors to him.

concerned43

Keep_pedalling said:

Banks will pay out smaller sums without probate or production of a will to a spouse or the children of the deceased. If they didn’t it would be incredible difficult for small estates where there was no will and there are a very large number of estates like that.

The problem here is your thieving brother. The bank will have got him to sign an indemnity form putting the responsibility entirely on him.

if you have not done so already write to him with a demand that he releases the money to you within 14 days or ease you will be proceeding with legal action to recover the money. If he fails to do so file a Monet claim on line you don’t need legal representation to do this. 

I went to the bank while waiting on the executor-dative. I was told I could not access the funds until I had the writ from the court, the account was frozen until the court issued the writ. If you look at the virgin money policy you will see this is their policy. The lawyer has written to him twice and he has ignored the directives to pay the money back to the estate. 

concerned43

Flugelhorn said:

concerned43 said:

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. 

the problem with not having a will and henceapplying for administration is that your brother was equally entitled to apply and administer the estate, so banks will have assumed he was doing just that 

The bank insists on executor writ before releasing funds but this was waived for my brother. 

concerned43

BooJewels said:

Perhaps send the bill for the funeral to your brother and say that as he has the money now, he should pay the bill on behalf of the estate.  Or re-direct the FD or debt collectors to him.

My brother would love that as it would allow him to access another policy worth over £6k. The insurance policy won't pay out until they have the funeral bill and he can't get it from the funeral director as the contract is in my name. He has tried, the lawyer did get the cheque from the insurance company but the cheques were cancelled 2 days after receiving them. Still trying to sort it out.