Claiming for the deceased?

[isidore]

Hi,

 

Registered with the site a few days ago and am currently building up my ammo to hit my bank with .

 

What I was wondering is what I can do with my late mother's bank accounts? To explain, my mother passed away 2 years ago and I and my brother were her beneficiaries, I the executor.

 

She had a personal bank account and also a business bank account, I would guess a credit card (which I could probably establish with a little digging) and a mortgage. Going back a few years, she got into a lot of trouble with her business and naturally, everything financially was affected.

 

Obviously, right now I don't know a great deal about how bad things got - I wouldn't be the person she would speak to, but I can imagine that there were charges left right and centre. My mother was hit quite badly financially and did everything she could to keep me and my bro housed, so you can imagine I am now sitting here thinking I can put something right - the refund of charges would obviously be an added incentive.

 

My reason for the post is this - am I in a position to claim these charges back? Will any claim be treated properly by the bank(s)? In terms of the various steps, will a bank disclose 6 years worth of transactions to me? etc etc.

 

I don't really want to enter in to this unless I'm sure it is feasible, so any help would be much appreciated.

 

Thanks

[blacksheep1979]

The contract would have been between your mother and the bank I believe that when she passed on the contract will have been terminated. Your best bet would be to have a word with the solicitor that is dealing with your mothers will/estate

[tom3131]

As blacksheep1979 said, contact the solicitor but if they won't help, then contact your local CAB who might be able to help you.

But as your not directly involved, the outlook is brilliant.

[Michael Browne]

In terms of the various steps, will a bank disclose 6 years worth of transactions to me? etc etc.

 

I don't really want to enter in to this unless I'm sure it is feasible, so any help would be much appreciated.

 

 

Top of the page - Search, then advanced - Enter deceased as keyword and select 'in thread title'. Returns several relevant threads.

[dw190]

Most people here manage to get six years info from the banks using the Data Protection Act "Subject Access Request".

 

"Subject" relates to a living individual. Therefore No Access to Data.

 

If the charges are known and can be identified from Bank Statements I don't see why they cannot be claimed back by the Executors who would be responsible for the Estate.

[rbrears]

Hi T4FF.

 

The situation for an executor is a little different. Your duty as executor is to get in the assets of the estate. This can include taking proceedings against a party against whom the deceased had a claim during his/her lifetime. However it is not always considered reasonable or proportionate to do so - this concern usually revolves around the costs involved and payable by the estate to pursue litigation. If a costly claim were possible but the estate was small then the cost might be considered disproportionate and the executor cannot automatically rely on his indemnity from the estate for costs incurred in carrying out his duties. Here, though, the claim is likely to be a small claim and therefore the costs exposure is very small and so even in a small estate it probably would be reasonable to pursue a strong claim for the benefit of the estate.

 

The difficulty is that, as has been said, the Data Protection Act request only applies to living individuals and so cannot be made by an executor.

 

However, if you have any old statements or other evidence (including your knowledge about your late mother's financial difficulties in the years before she died), you should write to the institution concerned and point out that you are satisfied that charges must have been applied to her accounts. Give them the opportunity to voluntarily provide the copy statements. If they refuse then your only option is to issue proceedings for recovery of penalty charges in an an undefined sum and ask the court to order that they disclose the statements since these are documents relevant to the claim and which are in the defendant's possession. You can even apply to the courtr for pre-action disclosure if you wish - seek advice from a solicitor or the CAB about this if you wish.

 

If you think the amounts involved might be reasonably large then I would pursue it. There is certainly no reason in this case why a valild claim should not be made by the estate. And best of luck to you

[isidore]

If you think the amounts involved might be reasonably large then I would pursue it. There is certainly no reason in this case why a valild claim should not be made by the estate. And best of luck to you

 

Ok, thanks for that, very helpful. Will bear in mind - think I should sort my own out first. In danger of biting off more than I can chew right now