Administrator of Mothers Estate

LaHuelga

My mom died in 2017.  However we were informed by an old manager of the housing association she rented her apartment from that there was an outstanding refund.

I wrote to the said association offer inthe copies of the death certificate all my moms childrens birth certificates and her address

After a number of emails and sending copies of moms death certificate and my birth certificate (i copied both my sisters on all the emails) I was informed that "In order for us to look into your query and due to data protection,  we would need confirmation via a legal authority that we are able to share this information".

There was never a will or any document to say we administered her estate.  Mom didn't have any property and just a Post Office account she had her state pension paid.

We her daughters paid for care at home and we paid for her funeral.

Now we are being asked for a document in place at the time of her death death that someone had the right to deal with her affairs on her behalf . They told us this is usually a legal official document to state that a said person can do this and only when I provide this can they respond.

Well we didn't have one, the refund they inform us is under £30, but if we go to a solicitor they will charge us and its such a small amount, its the principal really and what happens if we don't claim the money stays in there accounts.

Can anyone please give advice.  Much appreciated!

Keep_pedalling

That is very over the top for a £30 refund, what they seem to be looking for are letters of administration which would cost you a lot more than £30. All I can suggest you write a letter of complaint to the CEO of the HA. 

Silvertabby

When my sister died (insolvent) she had £100 in the ward safe.  The hospital paid it to me after I signed an indemnity confirming that if anyone else popped up to claim the cash the hospital wouldn't be responsible.

No solicitors involved - just a simple form produced by the hospital.

doodling

Hi,

The first point to note is that the GDPR and Data Protection Act do not apply to dead people so their argument is completely wrong in that respect.

They are legally entitled to insist that someone gains probate or Letters of Administration before they will deal with them but for small sums most sensible organisations (including banks) will deal with someone who is administering an estate without them.  Often some form of indemnity is required to confirm that you would repay the money if someone else who did have Letters of Administration came along and asked them for it.

I suggest you complain.  That complaint could point out that their policy appears to discriminate against the families of less well off deceased (where formal probate or Letters of Administration usually wouldn't be obtained) and that whilst not illegal it seems somewhat distasteful.

Marcon

LaHuelga said:

My mom died in 2017.  However we were informed by an old manager of the housing association she rented her apartment from that there was an outstanding refund.

I wrote to the said association offer inthe copies of the death certificate all my moms childrens birth certificates and her address

After a number of emails and sending copies of moms death certificate and my birth certificate (i copied both my sisters on all the emails) I was informed that "In order for us to look into your query and due to data protection,  we would need confirmation via a legal authority that we are able to share this information".

There was never a will or any document to say we administered her estate.  Mom didn't have any property and just a Post Office account she had her state pension paid.

We her daughters paid for care at home and we paid for her funeral.

Now we are being asked for a document in place at the time of her death death that someone had the right to deal with her affairs on her behalf . They told us this is usually a legal official document to state that a said person can do this and only when I provide this can they respond.

Well we didn't have one, the refund they inform us is under £30, but if we go to a solicitor they will charge us and its such a small amount, its the principal really and what happens if we don't claim the money stays in there accounts.

Can anyone please give advice.  Much appreciated!

As suggested above, write one letter making a formal complaint, and then drop it. Your mother died 7 years ago - the amount in question is £30. Forget the 'it's the principle...' argument - sometimes it simply isn't worth the mental energy or time.