Sun life insurance refusing claim

concerned43

My late mother had several life policies with Sun Life. I contacted them to inform of her death but as I was awaiting the executrix dative to be certified through the courts, my solicitor wrote to sun life, explaining that she is dealing with the estate etc, on the back of that letter, Sun Life issued cheques for all the policies. The solicitor banked the cheques but three days later, Sun Life cancelled the cheques.
My solicitor has been unable to get information from Sun Life as to why and they refuse to release the funds even though I am the court appointed Executor. This has been going on for months. Now the latest from Sun Life is that I need to have 'letters of administration'. Which is English law not Scots law. It's impossible for English law to be applied in Scotland.
 I find it hard to believe that a UK company which will have tens of thousands of Scottish customers doesn't know the difference between Scots law and English law. 
They have been told by my Scots lawyer what the difference is but still maintain they cannot pay out with a Scottish executor court decree.
I am at my wits end!
My solicitor thinks we should go down the formal complaint route, which will take weeks/months esp. If I have to then get the financial ombudsman involved. 
Can anyone think of an alternative course of action? 

buddy9

Letters of administration equate broadly to Confirmation-dative in Scotland, so surely you need to apply to the court for Confirmation.

Being appointed executrix-dative is only a preliminary step in the Confirmation-dative process.

concerned43

buddy9 said:

Letters of administration equate broadly to Confirmation-dative in Scotland, so surely you need to apply to the court for Confirmation.

Being appointed executrix-dative is only a preliminary step in the Confirmation-dative process.

A executrix dative decree in Scotland is confirmation. As you state it's the Scottish equivalent to letters of administration. There is no further steps after decree is granted. 
. 

buddy9

concerned43 said:

A executrix dative decree in Scotland is confirmation. As you state it's the Scottish equivalent to letters of administration. There is no further steps after decree is granted. 
 

Not necessarily. This will only be the case if you have used the small estates procedure and have been decerned executor as part of the Confirmation process.

Marcon

Not often that I think going to the press is a good idea, but sometimes....perhaps https://www.thisismoney.co.uk/money/columnist-1066279/Tony-Hetherington-Financial-Mail-Sunday.html

If your solicitor is willing to write on your behalf, that might be particularly interesting to him!

buddy9

concerned43
You advise that you have a grant of confirmation.

Are the sun life policies listed on the Confirmation inventory?  

concerned43

Confirmation comes in the form of a decree, which states that I am the executrix dative. Thus responsible to administer the estate. The creditors are not lodged with the court. 

buddy9

‘Confirmation’ is a legal document giving the executor authority to receive payment of money or other property belonging to a deceased person from the holder and to administer and distribute that property according to law. A decree issued by the court appointing an executor is not a Confirmation document.

It is possible to have an executor appointed in a Confirmation document, but this is only under the small estates procedure for an intestate estate £36k or less and where the inventory is prepared by the court staff, but from what you say then this is not your situation.

So in your case, you appear to have submitted a petition to the court and been appointed executrix-dative but have no Confirmation document (a separate process now).

If sun life requires the production of Letters of Administration from someone dealing with an English estate, then presumably the requirement for a Scottish equivalent is a Confirmation-dative document, which you appear not have.

In your position, if you find yourself having to apply for Confirmation then an additional negative aspect would be a requirement to pay for a Bond of Caution.

It all seems rather strange given the involvement of a solicitor.

concerned43

UPDATE 
The estate has now received cheques from Sunlife.