Bank refusing joint account info to PR.

A_B_C

My brother died intestate and its me that's the closest living relative. When I asked his bank for IHT values of his accounts including a joint bank account held with his unmarried partner,
they refused siting DPA. I pursued this and was eventually told the joint account was no longer in his name and would need probate (sic) for the bank to do anything.
What are my options - its obvious that statutory rights under Inheritance Tax Act 1984) are being oppressed so what are remedies?

Keep_pedalling

As the joint account does not form part of his inheritable estate its value is only really important if his total assets, including half the joint account, exceed £325k taking his estate into IHT territory, is this likely to be the case here?

His bank are quite entitled to insist on letters of administration in these circumstances, and as long as there is no chance a IHT return is required you can use an estimation of the IHT value on the application. Have they provided values for his sole accounts?

Woodstok2000

Do you have your letters of administration?

LightFlare

It could get even messier if the unmarried partner has already drained/converted the bank account

How long were they partners - did they live together and was the property owned or rented ?

What other assets did he have ?

Reed_Richards

The unmarried partner has every right to the money held in the joint account. I don't see that it matters what they have subsequently done with the money, what you need to know is how much was in the account on the day that your brother died. On that date the account was half in your brother's name and that is the date that you need the information from. That should not present any DPA conflict.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82108821#Comment_82108821

This is exactly right. If OP has the letters of administration there shouldn't be any reason why the bank cant provide a balance figure for the appropriate date. No other info is needed at this stage.

poseidon1

Its a catch 22 impass.

With no idea of the value of the brothers half share of the joint account OP cannot complete an estimate of the estate value for LOA purposes. Bank appears to be insisting on LOA being in place before giving him the information which would allow him to obtain it.

Probably needs to escalate a complaint to the higher echelons of the banks bereavement team, who hopefully recognise an Administrator's duties in this regard.

Hopefully the brother's solely owned assets substantially exceed the £526 LOA fee. It would add insult to injury if OP finds themselves have to fund the LOA from their own pocket.

Edstead

I'm sorry to hear you've lost your brother, are you on good enough terms to ask his unmarried partner for the value? If you make it clear it's outside of the estate, she has no incentive to not tell you? Then at least you'd have a defendable estimate for IHT purposes.