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  • FIRST POST
    • dmurray0
    • By dmurray0 14th Feb 18, 4:40 AM
    • 124Posts
    • 34Thanks
    dmurray0
    Cheque made payable to..." Estate of...."
    • #1
    • 14th Feb 18, 4:40 AM
    Cheque made payable to..." Estate of...." 14th Feb 18 at 4:40 AM
    Hi,

    My Aunt lost her Husband several months ago and we are looking advice on a problem she has encountered. They both have/had wills made out stating that whoever passed first, the other person received the whole estate. My uncle had shares from a company called CBA while he worked in New Zealand many years ago. We contacted them an sent them the Death Certificate, Will, form of authority etc and they sent her a cheques for Aus$ 12,144. It is made out to ..."The Est of Mr......" She tried to lodge it in her account but the bank (Santander) refused to deposit it. She was then advised by a friend to open an Estate Account and deposit it there, again with Santander, but again they have refused to deposit it. They state it must be made out solely in her name, even though they also have seen the Will, Certificate etc. How does she get this cheque lodged? We were told by the solicitor a grant of probate was not needed as the shares were the only thing solely in her husband's name.

    Many thanks for taking the time to read this, and comments appreciated .
Page 1
    • Keep pedalling
    • By Keep pedalling 14th Feb 18, 9:32 AM
    • 5,095 Posts
    • 5,681 Thanks
    Keep pedalling
    • #2
    • 14th Feb 18, 9:32 AM
    • #2
    • 14th Feb 18, 9:32 AM
    Most banks seem to be very reluctant to open estate accounts, and just as reluctant to take non Stirling cheques.

    Try ringing round a few banks to see if you can find one that will allow you to do this.
    • Margot123
    • By Margot123 14th Feb 18, 11:05 AM
    • 843 Posts
    • 868 Thanks
    Margot123
    • #3
    • 14th Feb 18, 11:05 AM
    • #3
    • 14th Feb 18, 11:05 AM
    Have you been in contact with the issuer?
    Perhaps it is their automated procedure to make cheques out in this way.

    You could ask them to re-issue it as it is made out to an entity that doesn't exist and is therefore worthless due to the fact it cannot be cashed.
    Also explain to them how this is causing unnecessary distress to a bereaved family.
    • Silvertabby
    • By Silvertabby 14th Feb 18, 11:39 AM
    • 2,858 Posts
    • 4,087 Thanks
    Silvertabby
    • #4
    • 14th Feb 18, 11:39 AM
    • #4
    • 14th Feb 18, 11:39 AM
    Have you been in contact with the issuer?
    Perhaps it is their automated procedure to make cheques out in this way.

    You could ask them to re-issue it as it is made out to an entity that doesn't exist and is therefore worthless due to the fact it cannot be cashed.
    Also explain to them how this is causing unnecessary distress to a bereaved family.
    Originally posted by Margot123
    Worth a try - but they may ask for probate first, just to cover themselves in case another claimant comes along in the future.
    • Yorkshireman99
    • By Yorkshireman99 14th Feb 18, 1:03 PM
    • 4,246 Posts
    • 3,469 Thanks
    Yorkshireman99
    • #5
    • 14th Feb 18, 1:03 PM
    • #5
    • 14th Feb 18, 1:03 PM
    Hi,

    My Aunt lost her Husband several months ago and we are looking advice on a problem she has encountered. They both have/had wills made out stating that whoever passed first, the other person received the whole estate. My uncle had shares from a company called CBA while he worked in New Zealand many years ago. We contacted them an sent them the Death Certificate, Will, form of authority etc and they sent her a cheques for Aus$ 12,144. It is made out to ..."The Est of Mr......" She tried to lodge it in her account but the bank (Santander) refused to deposit it. She was then advised by a friend to open an Estate Account and deposit it there, again with Santander, but again they have refused to deposit it. They state it must be made out solely in her name, even though they also have seen the Will, Certificate etc. How does she get this cheque lodged? We were told by the solicitor a grant of probate was not needed as the shares were the only thing solely in her husband's name.

    Many thanks for taking the time to read this, and comments appreciated .
    Originally posted by dmurray0
    Go back to the bank and ask to see the manager. The cashier probably is not properly trained. Make a formal complaint if needed,
    • TBagpuss
    • By TBagpuss 14th Feb 18, 1:48 PM
    • 6,570 Posts
    • 8,535 Thanks
    TBagpuss
    • #6
    • 14th Feb 18, 1:48 PM
    • #6
    • 14th Feb 18, 1:48 PM
    I agree that the simplest thing to do may be to contact the issuer and ask them to resend it payable to your aunt, or alternatively to see whether they can send a bank transfer instead.
    • Eviesmummy
    • By Eviesmummy 14th Feb 18, 9:29 PM
    • 140 Posts
    • 135 Thanks
    Eviesmummy
    • #7
    • 14th Feb 18, 9:29 PM
    • #7
    • 14th Feb 18, 9:29 PM
    I don't have any advice, but we have a similar problem. My husbands Great Aunt died recently leaving her very small estate in a mess. She moved into a nursing home 10 yrs ago and basically just left all her (little) finances as they were the day she moved in, with no forwarding address. To the extent that her small private pension was frozen because they couldn't contact her. They are happy to pay out the money she was due, but as we don't have probate (estate barely enough to cover the cost of the funeral so probate not required) they are having to take legal advice as to how they go about paying it. They were happy to pay into an estate account, but again because we don't have probate we can't get a bank to open an estate account, especially as we have a complication that the only executor named on the will has died, so even though we are the only beneficiary, we aren't an official executor, and to get a solicitor to sort that would cost more that there is likely to be left after the funeral is paid for.
    Other places, banks, post office account have just asked that we sign letters of indemnity so that they are not liable to any other claim on the estate (there isn't any other family left so that isn't going to happen), maybe you could ask them if that is something they might consider before putting the cheque into your name?
    Please update on how you get on, there must be lots of people out there battling with similar issues, and maybe we can help each other with any information that we come across.
    • Eviesmummy
    • By Eviesmummy 14th Feb 18, 9:32 PM
    • 140 Posts
    • 135 Thanks
    Eviesmummy
    • #8
    • 14th Feb 18, 9:32 PM
    • #8
    • 14th Feb 18, 9:32 PM
    Go back to the bank and ask to see the manager. The cashier probably is not properly trained. Make a formal complaint if needed,
    Originally posted by Yorkshireman99
    If it's anything like the manager in our bank you are unlikely to get far. We were fobbed off, given incorrect advice and made to feel like we were wasting his time. However the people on the phone banking help line of the same bank (Barclays) were brilliant - they actually knew what they were talking about and couldn't do enough to help.
    Once this whole mess is sorted once and for all I'll be making a formal complaint against the branch manager.
    • Margot123
    • By Margot123 15th Feb 18, 9:03 AM
    • 843 Posts
    • 868 Thanks
    Margot123
    • #9
    • 15th Feb 18, 9:03 AM
    • #9
    • 15th Feb 18, 9:03 AM
    I agree that the simplest thing to do may be to contact the issuer and ask them to resend it payable to your aunt, or alternatively to see whether they can send a bank transfer instead.
    Originally posted by TBagpuss
    Companies don't usually send payments via bank transfer as they cannot verify who the end recipient is, hence they issue cheques.
    • getmore4less
    • By getmore4less 15th Feb 18, 9:37 AM
    • 32,192 Posts
    • 19,349 Thanks
    getmore4less
    I don't have any advice, but we have a similar problem. My husbands Great Aunt died recently leaving her very small estate in a mess. She moved into a nursing home 10 yrs ago and basically just left all her (little) finances as they were the day she moved in, with no forwarding address. To the extent that her small private pension was frozen because they couldn't contact her. They are happy to pay out the money she was due, but as we don't have probate (estate barely enough to cover the cost of the funeral so probate not required) they are having to take legal advice as to how they go about paying it. They were happy to pay into an estate account, but again because we don't have probate we can't get a bank to open an estate account, especially as we have a complication that the only executor named on the will has died, so even though we are the only beneficiary, we aren't an official executor, and to get a solicitor to sort that would cost more that there is likely to be left after the funeral is paid for.
    Other places, banks, post office account have just asked that we sign letters of indemnity so that they are not liable to any other claim on the estate (there isn't any other family left so that isn't going to happen), maybe you could ask them if that is something they might consider before putting the cheque into your name?
    Please update on how you get on, there must be lots of people out there battling with similar issues, and maybe we can help each other with any information that we come across.
    Originally posted by Eviesmummy

    You don't need a solicitor,

    You would need LOA with will attached.
    small estate the cost would be just to swear the oath.
    otherwise 215 + above if you have to pay.


    edit:

    you might also need the death certificate for the named executor that died..
    Last edited by getmore4less; 15-02-2018 at 9:42 AM.
    • Eviesmummy
    • By Eviesmummy 15th Feb 18, 6:16 PM
    • 140 Posts
    • 135 Thanks
    Eviesmummy
    You don't need a solicitor,

    You would need LOA with will attached.
    small estate the cost would be just to swear the oath.
    otherwise 215 + above if you have to pay.


    edit:

    you might also need the death certificate for the named executor that died..
    Originally posted by getmore4less
    Thanks, that's worth knowing for when the pension company get back to us.
    Yes, we have the death certificate of the executor.
    • Margot123
    • By Margot123 15th Feb 18, 7:02 PM
    • 843 Posts
    • 868 Thanks
    Margot123
    Thanks, that's worth knowing for when the pension company get back to us.
    Yes, we have the death certificate of the executor.
    Originally posted by Eviesmummy
    You would most certainly have to produce a certified copy of the death certificate to prove the original executor had passed away.
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