Death certificate

msb1234

Well if he’s not on any registers of deaths, it looks like he is still alive. At least from a legal perspective.

bombom66

msb1234 said:

Well if he’s not on any registers of deaths, it looks like he is still alive. At least from a legal perspective.

He died in hospital they have the call from his wife on 20th December but it looks like it’s not been put on the data base his wife must have had something to get access to his money and sort the funeral 

Flugelhorn

bombom66 said:

msb1234 said:

Well if he’s not on any registers of deaths, it looks like he is still alive. At least from a legal perspective.

He died in hospital they have the call from his wife on 20th December but it looks like it’s not been put on the data base his wife must have had something to get access to his money and sort the funeral 

this is the thing - no green form = no funeral 

to get the green form there must have been a death cert 

am sure you have a good luck but the golden  rule is that in searching, less is more - no DOB, surname only etc 

bombom66

msb1234 said:

bombom66 said:

msb1234 said:

bombom66 said:

aliby21 said:

I thought everything with regard to mother's estate was finalised months ago? wasn't her son's death certificate required then?

https://forums.moneysavingexpert.com/discussion/6495809/solicitor-holding-on-to-money#latest

Everything was sorted months ago and they never asked for the death certificate until 22nd December we have the accounts in the will it states if one dies before the other then the other one receives everything the solicitor knows he died 4 years ago but never asked for certificate until now it even says my wife as received all the money which she as not basically they have said bring the death certificate and we can release the other half of the money it also shows no interest in there calculations which we are going to bring up 

Having read your other thread, I can see why you’re getting confused. The house forms part of the estate of your wife’s mother, who died last April. The executor of her estate is the solicitor who is dealing with the house sale. Probate was obtained last year which enabled the executor - ie the solicitor - to sell the property. Not your wife. In order for her to have been able to sell it she would have had to prove that her brother was deceased, because until that point, the house was part of a joint inheritance. So it wasn’t legally hers to sell. 

Until she provides a death certificate for her brother the solicitor will not release funds - possibly not even her share as they would need to be absolutely certain that he wasn’t alive and wanting to contest the will.
your wife needs to obtain the death certificate!

We have had half the money we know we need a death certificate for the other half we can’t get one that’s the problem in the will the sibling still alive inherits everything when the brother died his mother notified the solicitor he had passed in 2019 /20 they never asked for a death certificate then so that’s how they knew he had died in 2019 so they are also to blame 

Did your wife attend his funeral? Who never asked for a death certificate? Who is to blame?

Yes she attended .the solicitor never asked for the death certificate when his mother notified them he had died in 2019/20 the solicitor knew he had died then as they didn’t ask for the certificate then they are also to blame

bombom66

Flugelhorn said:

bombom66 said:

msb1234 said:

Well if he’s not on any registers of deaths, it looks like he is still alive. At least from a legal perspective.

He died in hospital they have the call from his wife on 20th December but it looks like it’s not been put on the data base his wife must have had something to get access to his money and sort the funeral 

this is the thing - no green form = no funeral 

to get the green form there must have been a death cert 

am sure you have a good luck but the golden  rule is that in searching, less is more - no DOB, surname only etc 

Iv found two exact names both in 2018 not 19 wrong dob wrong death quarter and wrong district they can’t have got everything wrong like i said previous they can’t find it either and they’ve been searching for 5 days lol

msb1234

Regardless of whether they asked her about the death certificate or not, surely you can see that they would have needed more than your wife’s say so about her brother’s death in order to hand over his share of their mother’s estate? The solicitor can only go off what they are told. I should imagine that if your wife gave them the details about her brother and asked them to trace his death certificate they will do so, at a cost.

bombom66

msb1234 said:

Regardless of whether they asked her about the death certificate or not, surely you can see that they would have needed more than your wife’s say so about her brother’s death in order to hand over his share of their mother’s estate? The solicitor can only go off what they are told. I should imagine that if your wife gave them the details about her brother and asked them to trace his death certificate they will do so, at a cost.

What I’m saying is when his mother notified them (solicitor)he had died in 2019/20 they didn’t ask for the death certificate then they should have so when my wife went to see them last week they said they knew he had died 2019 as it was in there records so that’s why they gave her the go ahead to sell the house they also can’t find the death certificate we’ve asked them to search like  I keep saying it’s not on the database 

bobster2

bombom66 said:

What I’m saying is when his mother notified them (solicitor)he had died in 2019/20 they didn’t ask for the death certificate then they should have so when my wife went to see them last week they said they knew he had died 2019 as it was in there records so that’s why they gave her the go ahead to sell the house they also can’t find the death certificate we’ve asked them to search like  I keep saying it’s not on the database 

They had no need for his death certificate back then when his mother told her solicitor - because she was still alive - so they were not administering her estate and making distributions to potential beneficiaries.

It is very likely that it is on the database but some of the details on the database don't match what you're expecting.

You said 2 name matches in 2018 (wrong year). So was he called Hywel, Micheal, or Peter?

bombom66

bobster2 said:

bombom66 said:

What I’m saying is when his mother notified them (solicitor)he had died in 2019/20 they didn’t ask for the death certificate then they should have so when my wife went to see them last week they said they knew he had died 2019 as it was in there records so that’s why they gave her the go ahead to sell the house they also can’t find the death certificate we’ve asked them to search like  I keep saying it’s not on the database 

They had no need for his death certificate back then when his mother told her solicitor - because she was still alive - so they were not administering her estate and making distributions to potential beneficiaries.

It is very likely that it is on the database but some of the details on the database don't match what you're expecting.

You said 2 name matches in 2018 (wrong year). So was he called Hywel, Micheal, or Peter?

So why did they give my wife permission to sell the house? We’re just going round in circles thanks for your input It’s not on the database we’ve paid twice they can’t find it the solicitor can’t find it the local authority can’t find it Iv searched everything I can’t find it they wouldn’t get dob wrong his name spelling wrong the town wrong the death quarter wrong and the year wrong it’s not there believe me 

RAS

They didn't give your wife permission to sell the house. She advised them she wanted it sold, rather than retained.

My guess is that they had a note that BIL's death was advised by his mother. Your wife advised the same thing. So someone like a legal exec has proceeded with probate, which didn't require evidence of BIL's death. What they needed was his mother's death certificate.

It's only when they come to distribution, where their full legal liability is highlighted, that they realise they don't have the death certificate. They may well have just assumed it didn't matter earlier and that they could just dial into the public records and get a copy, until that didn't work. Hence the delay in the distribution you've been complaining about.

And frankly it's so far fetched in modern times, that they probably initially assumed the person doing the check had got it wrong. And they felt like right numpties being unable to trace something as basic as the death certificate. When every thing else failed, they hoped your wife would have it.

Who managed BIL's wife's estate? Any chance that person might have documentation? Did she receive any pensions, as the provider would  require a copy.