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  • FIRST POST
    • grumpyoldbloke
    • By grumpyoldbloke 9th May 18, 5:53 PM
    • 1Posts
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    grumpyoldbloke
    Any legal duty to advise Bank/Bldg Soc of a death ?
    • #1
    • 9th May 18, 5:53 PM
    Any legal duty to advise Bank/Bldg Soc of a death ? 9th May 18 at 5:53 PM
    My brother died suddenly in Brazil earlier in the year.
    His wife (my sister in law) as next of kin has registered his death with the FCO in Milton Keynes, but is reluctant to advise both his bank and building society in the UK.. The reason for this is there is a tenant in his property who is paying the rent into his bank account monthly, which is covering the monthly interest on his mortgage. The property, mortgage, and bank account are all in his sole name, and he did not leave a will. I have told her that any tenancy agreement/insurance became void upon his death. She will also not send the Brazilian death certificate and official translation which she has in Brazil. She says it can wait until July went she is coming to the UK. I have a copy of the translation.
    2 Questions:
    1/ Is she as next of kin legally obliged to advise them within a specific time frame ?
    2/ As his death is now in the public domain is there any reason why I should not let them know ?
    Thanks
Page 1
    • Yorkshireman99
    • By Yorkshireman99 9th May 18, 6:06 PM
    • 4,331 Posts
    • 3,544 Thanks
    Yorkshireman99
    • #2
    • 9th May 18, 6:06 PM
    • #2
    • 9th May 18, 6:06 PM
    My brother died suddenly in Brazil earlier in the year.
    His wife (my sister in law) as next of kin has registered his death with the FCO in Milton Keynes, but is reluctant to advise both his bank and building society in the UK.. The reason for this is there is a tenant in his property who is paying the rent into his bank account monthly, which is covering the monthly interest on his mortgage. The property, mortgage, and bank account are all in his sole name, and he did not leave a will. I have told her that any tenancy agreement/insurance became void upon his death. She will also not send the Brazilian death certificate and official translation when ich she has in Brazil. She says it can wait until July went she is coming to the UK. I have a copy of the translation.
    2 Questions:
    1/ Is she as next of kin legally obliged to advise them within a specific time frame ?
    2/ As his death is now in the public domain is there any reason why I should not let them know ?
    Thanks
    Originally posted by grumpyoldbloke
    The bank and mortgage company must be told ASAP. Probate will also be needed. The tenancy does NOT become void on death but the insurance may well do. Someone needs to apply for letters of administration so the estate can be dealt with. She needs to understand that burying her head in the sand will just make matters worse. If you are prepared to do so it will be much easier to administer the estate from the U.K. read the stickies at the start of this forum and feel free to ask questions even if they seem silly. We are here to help.
    • Linton
    • By Linton 9th May 18, 10:22 PM
    • 9,409 Posts
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    Linton
    • #3
    • 9th May 18, 10:22 PM
    • #3
    • 9th May 18, 10:22 PM
    When they are notified of the death the mortgage company will cease taking repayments, at least for a while, giving time for the estate to be sorted out. There is no disadvantage in telling the financial companies - banks, insurance etc of the death immediately and some risks if you dont.
    • Tealblue
    • By Tealblue 12th May 18, 10:25 AM
    • 747 Posts
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    Tealblue
    • #4
    • 12th May 18, 10:25 AM
    • #4
    • 12th May 18, 10:25 AM
    When they are notified of the death the mortgage company will cease taking repayments, at least for a while, giving time for the estate to be sorted out. There is no disadvantage in telling the financial companies - banks, insurance etc of the death immediately and some risks if you dont.
    Originally posted by Linton
    But if his wife is next of kin, surely the onus is on her to do this?

    Please could you explain what the risks are if you don't tell the financial companies?
    • Tealblue
    • By Tealblue 12th May 18, 10:28 AM
    • 747 Posts
    • 1,083 Thanks
    Tealblue
    • #5
    • 12th May 18, 10:28 AM
    • #5
    • 12th May 18, 10:28 AM
    The bank and mortgage company must be told ASAP.
    Originally posted by Yorkshireman99
    Why? What adverse consequences are there is this doesn't happen until his next of kin (i.e. wife) is in this country in a couple of months time? She probably won't thank her brother in law (who has no legal duty to tell anyone, surely?) for what she might see as interfering.

    As you say, burying her head in the sand won't help anything, but she's just lost her husband and may not feel like jumping to attention just yet.
    • Yorkshireman99
    • By Yorkshireman99 12th May 18, 10:38 AM
    • 4,331 Posts
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    Yorkshireman99
    • #6
    • 12th May 18, 10:38 AM
    • #6
    • 12th May 18, 10:38 AM
    Why? What adverse consequences are there is this doesn't happen until his next of kin (i.e. wife) is in this country in a couple of months time? She probably won't thank her brother in law (who has no legal duty to tell anyone, surely?) for what she might see as interfering.

    As you say, burying her head in the sand won't help anything, but she's just lost her husband and may not feel like jumping to attention just yet.
    Originally posted by Tealblue
    If the bank are not notified promptly the account will still be live and payments in and out made that are not authorised. These may be difficult or impossible to recover.The widow is not in any different position to any other. Sadly certain things need to be done promptly despite grief.
    • SevenOfNine
    • By SevenOfNine 12th May 18, 1:05 PM
    • 1,354 Posts
    • 1,346 Thanks
    SevenOfNine
    • #7
    • 12th May 18, 1:05 PM
    • #7
    • 12th May 18, 1:05 PM
    When they are notified of the death the mortgage company will cease taking repayments, at least for a while, giving time for the estate to be sorted out.
    Originally posted by Linton
    ........and the interest is frozen. The property is security for the mortgage, should the lender discover the mortgagee has died & they have not been notified, they could start the process to recover their loan.......the "adverse consequence" TealBlue!

    The repossession/sale of the property my not be what the widow wants in the long term. It is in her interest to notify them, though I do feel BiL should offer to help but if she's refused then on her head be it.

    Grieving or otherwise, certain things need to be done regardless, she won't feel any better about it all in 2 months time & BiL has offered assistance. Best to take it & let him help in this country.
    Last edited by SevenOfNine; 12-05-2018 at 1:07 PM.
    Seen it all, done it all, can't remember most of it.
    • Owain Moneysaver
    • By Owain Moneysaver 12th May 18, 1:13 PM
    • 8,296 Posts
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    Owain Moneysaver
    • #8
    • 12th May 18, 1:13 PM
    • #8
    • 12th May 18, 1:13 PM
    "Earlier in the year" doesn't sound like he passed away last week. A short period of confusion is only natural immediately after a death.

    The bank should have been informed immediately (or asap) so that payments out of the account can cease. The Administrator of the estate has a duty to administer the estate correctly. For example, funds should not be paid out to other creditors if there is a tax liability, as HMRC are a higher-priority creditor.

    If the Administrator does not administer the estate correctly she may become personally liable for any maladministration.

    As for informing the banks yourself, I wouldn't at this stage. It's not your concern as you're not the Admninistrator. If your sister-in-law is willing to send you the death certificate etc you could apply for Administration yourself, which might be more sensible if the majority of your brother's assets are in the UK.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • lisyloo
    • By lisyloo 12th May 18, 2:31 PM
    • 22,028 Posts
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    lisyloo
    • #9
    • 12th May 18, 2:31 PM
    • #9
    • 12th May 18, 2:31 PM
    What actually happens with a joint account?
    My MIL survivor is not capable of dealing with her affairs, most payments are on DD.
    What would happen if bank was told of death?
    Would they expect her to sign things to open a new accoun? (not possible)
    Would they freeze the account ? That would be an issue.
    Or would they just remove the name of the deceased!!!8217;s?

    Also if someone had paid for funeral expenses after death? (Not me) what would be likely to happen?
    • Mojisola
    • By Mojisola 12th May 18, 3:17 PM
    • 29,483 Posts
    • 75,247 Thanks
    Mojisola
    What actually happens with a joint account?
    Originally posted by lisyloo
    When Mum died, the bank just changed the name of their joint account into his name.
    • Yorkshireman99
    • By Yorkshireman99 12th May 18, 4:50 PM
    • 4,331 Posts
    • 3,544 Thanks
    Yorkshireman99
    What actually happens with a joint account?
    My MIL survivor is not capable of dealing with her affairs, most payments are on DD.
    What would happen if bank was told of death?
    Would they expect her to sign things to open a new accoun? (not possible)
    Would they freeze the account ? That would be an issue.
    Or would they just remove the name of the deceased!!!8217;s?

    Also if someone had paid for funeral expenses after death? (Not me) what would be likely to happen?
    Originally posted by lisyloo
    The bank will change it to a sole account. If the surviving account holder has lost capacity an application needs to be made to the Court of Protction so somebody can look after her affairs. The funeral costs are not the survivor!!!8217;s responsibility.
    • lisyloo
    • By lisyloo 12th May 18, 5:01 PM
    • 22,028 Posts
    • 10,704 Thanks
    lisyloo
    The bank will change it to a sole account. If the surviving account holder has lost capacity an application needs to be made to the Court of Protction so somebody can look after her affairs. The funeral costs are not the survivor!!!8217;s responsibility.
    Originally posted by Yorkshireman99
    I am making an application for deputyship but I understand this can take some time e.g. 6 months.
    • Yorkshireman99
    • By Yorkshireman99 12th May 18, 5:12 PM
    • 4,331 Posts
    • 3,544 Thanks
    Yorkshireman99
    I am making an application for deputyship but I understand this can take some time e.g. 6 months.
    Originally posted by lisyloo
    Until then there is nothing you can do regarding operating the bank account. You can only tell anyone owed money they have to wait.
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