Dealing with difficult co-administrator of estate

poppystar

Keep_pedalling said:

Flugelhorn said:

yes very curious as to why they paid out to current partner before LoA 

Banks have quite high limits they will pay without probate. All they require is proof that the person closing the accounts is who they say they are and that they are entitled to do so. A spouse or child will be able to do it as will someone who is appointed executor of a will. If this wasn’t the cas3 every single estate would have to apply for probate however small.

But in this case there is no spouse as they were not married, the children are all minors and there is no Will nor, when the payout was made, any administrator. If they are now paying out to someone because they lived with the deceased then surely that is open to abuse? Sharing the same address and saying there is no Will but I have children with the deceased, although they may be able to provide birth certificates for those children, doesn’t seem a strong footing for being the entitled person.

leafyll

The co-administrator actually used the deceased’s online banking and debit card to empty the accounts. The accounts were then closed at a later date.

Flugelhorn

Keep_pedalling said:

Flugelhorn said:

yes very curious as to why they paid out to current partner before LoA 

Banks have quite high limits they will pay without probate. All they require is proof that the person closing the accounts is who they say they are and that they are entitled to do so. A spouse or child will be able to do it as will someone who is appointed executor of a will. If this wasn’t the cas3 every single estate would have to apply for probate however small.

they do have high limits but the individual who had the money transferred to them was not married to the deceased - maybe that doesn't cause a problem or maybe they were considered to be having the money on the behalf of the deceased's children

Sea_Shell

leafyll said:

The co-administrator actually used the deceased’s online banking and debit card to empty the accounts. The accounts were then closed at a later date.

Unfortunately, whilst undoubtedly against the T&C's of the account, it's very difficult to stop this happening within a household.

So they have just helped themselves, before later notifying the bank of the death?   Or did they just use the same logins to close the account, so the bank weren't actually told ?

Otherwise, I wonder what date they gave the bank?   And would they have had to provide a copy of the death certificate?

leafyll

Sea_Shell said:

leafyll said:

The co-administrator actually used the deceased’s online banking and debit card to empty the accounts. The accounts were then closed at a later date.

Unfortunately, whilst undoubtedly against the T&C's of the account, it's very difficult to stop this happening within a household.

So they have just helped themselves, before later notifying the bank of the death?   Or did they just use the same logins to close the account, so the bank weren't actually told ?

Otherwise, I wonder what date they gave the bank?   And would they have had to provide a copy of the death certificate?

They notified the bank of the death after the withdrawals were made. The relevant documents were provided to close the account and the account was closed 3 months after death, transferring the remaining small balance to the co-administrators child. The bank was not made aware that the deceased had other children.

Hoenir

leafyll said:

I have already contacted solicitors and been advised that I can take legal action against the co-administrator. This is going to be my next step, but my question was if anyone had experience with this before and managed to resolve without the need to take it further and incur expensive legal costs.

You are talking to a brick wall. Legal letters might spark a reaction. Costs can ultimately be recovered. 

Sea_Shell

leafyll said:

Sea_Shell said:

leafyll said:

The co-administrator actually used the deceased’s online banking and debit card to empty the accounts. The accounts were then closed at a later date.

Unfortunately, whilst undoubtedly against the T&C's of the account, it's very difficult to stop this happening within a household.

So they have just helped themselves, before later notifying the bank of the death?   Or did they just use the same logins to close the account, so the bank weren't actually told ?

Otherwise, I wonder what date they gave the bank?   And would they have had to provide a copy of the death certificate?

They notified the bank of the death after the withdrawals were made. The relevant documents were provided to close the account and the account was closed 3 months after death, transferring the remaining small balance to the co-administrators child. The bank was not made aware that the deceased had other children.

So did the bank not pick up on the fact that the deceased's login was used AFTER they had died?

Could you raise a complaint to them, or at least bring it to their attention?

leafyll

Hoenir said:

leafyll said:

I have already contacted solicitors and been advised that I can take legal action against the co-administrator. This is going to be my next step, but my question was if anyone had experience with this before and managed to resolve without the need to take it further and incur expensive legal costs.

You are talking to a brick wall. Legal letters might spark a reaction. Costs can ultimately be recovered. 

That’s exactly what it feels like! I just can’t understand how someone can take what’s not theirs from grieving children and try and conceal it. Or if they genuinely do not understand the rules of intestacy or their legal responsibilities as administrator, and the legal implications if they breach their duties.

Flugelhorn

leafyll said:

Hoenir said:

leafyll said:

I have already contacted solicitors and been advised that I can take legal action against the co-administrator. This is going to be my next step, but my question was if anyone had experience with this before and managed to resolve without the need to take it further and incur expensive legal costs.

You are talking to a brick wall. Legal letters might spark a reaction. Costs can ultimately be recovered. 

That’s exactly what it feels like! I just can’t understand how someone can take what’s not theirs from grieving children and try and conceal it. Or if they genuinely do not understand the rules of intestacy or their legal responsibilities as administrator, and the legal implications if they breach their duties.

suspect they prefer their version of the intestacy laws 

leafyll

Sea_Shell said:

leafyll said:

Sea_Shell said:

leafyll said:

The co-administrator actually used the deceased’s online banking and debit card to empty the accounts. The accounts were then closed at a later date.

Unfortunately, whilst undoubtedly against the T&C's of the account, it's very difficult to stop this happening within a household.

So they have just helped themselves, before later notifying the bank of the death?   Or did they just use the same logins to close the account, so the bank weren't actually told ?

Otherwise, I wonder what date they gave the bank?   And would they have had to provide a copy of the death certificate?

They notified the bank of the death after the withdrawals were made. The relevant documents were provided to close the account and the account was closed 3 months after death, transferring the remaining small balance to the co-administrators child. The bank was not made aware that the deceased had other children.

So did the bank not pick up on the fact that the deceased's login was used AFTER they had died?

Could you raise a complaint to them, or at least bring it to their attention?

Apparently this is not something the bereavement team look at when closing deceased’s accounts. I’ve raised a complaint regarding this.