Died during cooling off period

starling_sparrow

Thank you. There is a will and I am one of the named executors. Do you think that if I had called them between her dying and then end of the cooling off period that they would have had to honour the cooling off period?
I think that your thoughts are right that it is down to them to decide what information they require at least until probate is granted (though I understand as a goodwill gesture it is different). I think that I am disappointed that they have chosen to be so difficult when the government, the utility companies, the bank and the company buying her car have all been much more reasonable. 

Undervalued

starling_sparrow said:

Thank you. There is a will and I am one of the named executors. Do you think that if I had called them between her dying and then end of the cooling off period that they would have had to honour the cooling off period?
I think that your thoughts are right that it is down to them to decide what information they require at least until probate is granted (though I understand as a goodwill gesture it is different). I think that I am disappointed that they have chosen to be so difficult when the government, the utility companies, the bank and the company buying her car have all been much more reasonable. 

Probably, but I am not certain.

In any case that is a moot point because, as I understand it, that is not what happened. For whatever reason the "cooling off" period ran out without the firm being aware your mother had died. Also they (and I assume you) have no means of knowing if she had intended to keep the hearing aids beyond the cooling off period or not. So the firm, as I see it, were quite entitled to claim the remaining instalment and regard the aids as permanently sold.

Suppose for a moment, as sadly sometime happens, far longer had elapsed and  many months had gone by. The firm is then contacted by the executor to say that the customer had died a day or two before the cooling off period ended, so we now want to cancel. Would that be reasonable? Presumably not but where do you draw the line?

I feel reasonably certain that the estate has no right to a refund and what is being offered is a (generous) gesture of goodwill. But I might be wrong. Unless you have solid legal advice that you have a right to this refund I would suggest you provide the evidence they require before they change their mind.

PHK

Please don’t take this the wrong way, I know when a death happens it can make things hard. 

But I think you are making things a lot harder for yourself. 

It’s completely right and proper that this company checks who it is paying money too and that they are entitled to it. 

For this and other things you are going to need proof that you are the executor and you need a separate account for the proceeds of the estate. 

sheramber

Sight of the will should be sufficient for them to issues a payment to you ,  'as executor of x'.

That is how any refunds due to my husband's estate were paid out.

starling_sparrow

Is it a gesture of goodwill if I have returned the hearing aids?

user1977

starling_sparrow said:

Is it a gesture of goodwill if I have returned the hearing aids?

If you don't have any entitlement to a refund then yes?

Undervalued

user1977 said:

starling_sparrow said:

Is it a gesture of goodwill if I have returned the hearing aids?

If you don't have any entitlement to a refund then yes?

Exactly.

As said repeatedly, this whole matter revolves around that point.

RefluentBeans

Could ask for the money be donated to charity? More likely to receive a positive outcome and help some charity out.