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arsen lupin

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  1. Dear all, I think this brings this subject to an end, leaving us no choice but to apply for probate, The same probate, HM Probate & HMRC have told us is not required. Our conclusion is that currently there is no provision provided for cases such as ours, or many others. Thank you
  2. Dear Manxman in Exile, Your knowledge makes clear, a possible way in OUR situation. I shall write to the CEO (providing copy of the Will) offering to comply with his request for probate after he review his assessment on the risk of the building society being later sued by the any beneficiaries. Based on the facts that the Will names only three beneficiaries, who are also the only three executors and known Members/Customers under his own appointed leadership! Should that risk be zero, and he still insist on probate, this would then be classed as being unfair towards his customers and open to complaint! Thank you
  3. To Hightail and slick132, Please refer to the original post in which our circumstance is made very clear. Thank you to everyone else, who appreciates that this is a larger issue, than us personally saving a few bob.
  4. Hi Ethel Street, We're seeking a possible alternative for people in our position, who have only one financial institution to answer too, we feel some provision should be made for those in our situation. Possibly through a county court and simplified process.
  5. In answer to slick132, Everything has always been divided equally between the three of us, Tax wise if we went down the probate route we only have complete 2 forms IHT205 and IHT217 plus copy death certificate. The IHT217 is for transfer of unused liability. The property was transferred to us in 2015 see notes above.
  6. Hi Andyorch, Having studied the 1925 act earlier today, can you possibly point out which para makes this clear. If this is the only act, a county court have the power to grant the same indemnity?
  7. Sorry 12345, For your wait. We wish to seek other possible options before committing ourselves. We find hard to believe there isn't one.
  8. Thank you for the above notes. To be straight, after being fully transparent, it was the HM Probate that said we didn't require probate, HMRC advised looking into other options, informing us that if probate wasn't required neither was filling IHT forms.
  9. Hi Andyorch, Thank you for the above link, unfortunately we don't see the answers to our questions. This is a subject that affects thousands every year. Everyone complains, no one likes it. Some banks have raised their limits, HSBC did away with it completely! (well done) But what is the legislation that gives them the legal right and what alternative is available?
  10. Thank you honeybee, We may all agree with hightail, but the questions have yet to be answered. To satisfy your own query. There is no IHT liability, as all property, gifts and current savings came well under our mothers threshold, (with the addition of our fathers unused nil band) and the matter already discussed with HMRC. Who surprisingly informed us, when probate is not required, neither any requirement to complete IHT forms. It was also them, who recommended seeking an alternative solution!
  11. Thank you Hightail, Sounds like you have been very fortunate. But before going down that route, as both HM Probate and HMRC said it would be saving them unnecessary work during the current crisis. The questions we ask are as follows, What legislation gives financial institutions this right and what is the alternative solution to release the funds? We can then make a decision based on these answers.
  12. Our mother recently passed away, her property had been gifted to us her three children in 2015, along with most of her wealth. We are the only executors and beneficiaries of her Will. She had left £60,000 in a building society account, which along with a substantial pension would have stopped any accusation of deprivation. Having contacted HM Probate they have confirmed we do not require probate, as no IHT liability HMRC are also not interested in any unnecessary paperwork at this time. We have informed The Building society, (which all three of have also held accounts for over 40 years) of our loss, and have offered copy of Will, death certificate, our own ID and letters of indemnity from ours or their solicitors to release the funds and close the accounts: As it's over £20,000 they refuse to release funds without probate, this is from their CEO As this appears do just do with indemnity, what legislation gives financial institutions this right and what is the alternative solution to release the funds?
  13. Thanks guys I have contacted WHICH and explained the situation,Yet two weeks later and still no reply. It looks like this company will carry on making millions as their policies and marketing are so clever, I cant even find one wrong word about them - 'online reputation management' maybe, who knows !! looks like this one will have to down to bitter experience.Oh I don't suppose anyone who read into the policy could shed some light on page 14 B4 where it tells you what the 'essentials' policy will not pay out on- but does not say what the 'optimum' policy I had -would pay out on ? and I think a letter to the FCA wouldn't be a total waste of time-thanks Unc.
  14. Sorry folks Please feel free to check the T&C's and policy variations over -see attachments attachments and maybe review the companies web site, After my last correspondence via email where I stated what I thought- obvious findings, They added a 'we give notice' at the end of theirs -basically put up or shut up, as I understand it.[ATTACH=CONFIG]42934[/ATTACH][ATTACH=CONFIG]42935[/ATTACH][ATTACH=CONFIG]42936[/ATTACH][ATTACH=CONFIG]42937[/ATTACH][ATTACH=CONFIG]42940[/ATTACH]
  15. Sorry if I give the impression of ranting - the insurance side of things you refer to can not be claimed for according to their small print, it would be a long drawn out futile waste of time and money to pursue, The insurance company in correspondence have indicated they would love nothing more than to lead me down that track. Leaving my only coarse of action left which is to prove I was misled into purchasing their product in the first place, and my loss is a result of that. Two weeks ago I informed the insurance company that I would be prepared to take legal action against them for misrepresentation, This time I have given them to resolve my case has just been used by them to reaffirm their position and to try and guide any legal activity away from my initial complaint. Needless to say communications are such that I am seeking advice from you guys.
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