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Misrepresentation to access funds

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  • Alderbank
    Alderbank Posts: 3,917 Forumite
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    You said the insurance policy is for a substantial sum of at least £6k. Who is the policy payable to, the estate of the deceased or specific named benefactors? 

    You said you intend to distribute the estate according to your mother's wishes and that has angered your siblings. Where there is no will you must distribute the estate strictly according to the laws of intestacy. In Scots law (and English law as well I think) your mother's estate must be shared equally between all her children. How many siblings (including any with different fathers) do you have and are they all still alive?

    Apologies if these have been answered already. This thread is difficult to follow.
  • buddy9
    buddy9 Posts: 832 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic
    Alderbank said:
    You said the insurance policy is for a substantial sum of at least £6k. Who is the policy payable to, the estate of the deceased or specific named benefactors? 

    You said you intend to distribute the estate according to your mother's wishes and that has angered your siblings. Where there is no will you must distribute the estate strictly according to the laws of intestacy. In Scots law (and English law as well I think) your mother's estate must be shared equally between all her children. How many siblings (including any with different fathers) do you have and are they all still alive?

    Apologies if these have been answered already. This thread is difficult to follow.
    Th OP has a separate thread on the insurance policies.

    https://forums.moneysavingexpert.com/discussion/6452853/sun-life-insurance-refusing-claim#latest
  • concerned43
    concerned43 Posts: 1,316 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Alderbank said:
    You said the insurance policy is for a substantial sum of at least £6k. Who is the policy payable to, the estate of the deceased or specific named benefactors? 

    You said you intend to distribute the estate according to your mother's wishes and that has angered your siblings. Where there is no will you must distribute the estate strictly according to the laws of intestacy. In Scots law (and English law as well I think) your mother's estate must be shared equally between all her children. How many siblings (including any with different fathers) do you have and are they all still alive?

    Apologies if these have been answered already. This thread is difficult to follow.
    Their is no beneficiary named on the insurance policy so therefore has to be paid to the estate. I told my siblings that  I would be the one dealing with the estate as that's what my mother wanted plus siblings estranged from mother. I have 3  siblings. One full blood, the others half (different father). I know the intestate law and this would be followed if there's any funds left. 
    The issue here is that there is no money in the estate as house has been raided by siblings and all goods that could have been sold are gone. Bank account has been closed and sibling has the funds. Another smaller insurance policy was also claimed by same sibling. 
    So I don't really have an estate in which to administer just now and desperately trying to get the financial organisations to recall the money they gave out to an unauthorised person so that I have an estate that can be administered according to the law. 

  • JGB1955
    JGB1955 Posts: 3,856 Forumite
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    Looks like your sibling is administering the estate .... so you need to wait for them to do that.  Why do you think your sibling has less authority than you?
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • elsien
    elsien Posts: 36,074 Forumite
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    JGB1955 said:
    Looks like your sibling is administering the estate .... so you need to wait for them to do that.  Why do you think your sibling has less authority than you?
    Because the OP has the letters of administration and the sibling doesn’t? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • JGB1955
    JGB1955 Posts: 3,856 Forumite
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    elsien said:
    JGB1955 said:
    Looks like your sibling is administering the estate .... so you need to wait for them to do that.  Why do you think your sibling has less authority than you?
    Because the OP has the letters of administration and the sibling doesn’t? 
    Yes.... only just spotted that.  Thanks!
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • buddy9
    buddy9 Posts: 832 Forumite
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    elsien said:
    Because the OP has the letters of administration and the sibling doesn’t? 
    Sorry but the OP does not have 'letters of administration' because she is in Scotland. And on the basis of her other posts she does not have the Scottish equivalent.
  • elsien
    elsien Posts: 36,074 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 June 2023 at 5:36PM
    So the post saying they applied to court and was granted powers doesn’t count? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • RAS
    RAS Posts: 35,668 Forumite
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    edited 17 June 2023 at 6:04PM
    It "counts" but is not sufficient to meet the insurance provider's requirements.
    If you've have not made a mistake, you've made nothing
  • buddy9
    buddy9 Posts: 832 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic
    elsien said:
    So the post saying they applied to court and was granted powers doesn’t count? 
    The information on one of the OP's other threads might help to explain.

    https://forums.moneysavingexpert.com/discussion/6452853/sun-life-insurance-refusing-claim#latest
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