...Sir/Madam, and goes on about letting "me" know about changes to the type of savings account "as the executor/administrator for the account". So there is clearly an account, which needs closing but I want nothing to do with it. I don't care what money's in there - it's not my money. I do find it strange there is a savings account. His father didn't trust banks and kept money in the house. As far as I had known there was only one bank account which he used for his pension to be paid into and his bills to be paid out of - an arrangement his wife set up before she died. He was so comical, going straight to the bank after the bills were paid...

Hi All, Not sure if this is in the right place, so Mods please feel free to move if necessary. Right, this is a bit complicated so I'll try to explain as best I can. My wife's mother sadly passed away about 6 months ago. During the last 5 years or so of her life, she lived in residential care and at some point, an issue developed regarding the payment of the fees. Unfortunately, I was not directly involved and my wife is a little vague on the actual facts of the matter, but we have recently received a demand from the County Council for a sum of almost £3,000 relating to her mother. They have not told us what exactly this money is for, just that if her mother's estate cannot pay it then my wife and her sister will have to. Together with her sister, my wife held both an Enduring Power of Attorney and was named as Trustee in her mother's will. Suffice to say, her mother died with no money or possessions to speak of and certainly nothing of that value. My wife an I paid for her funeral out of our own pocket in fact. So my question is this: Given that the money was owed by her mother and as far as I know was solely in her mother's name, does either the Enduring Power of Attorney or the fact that she is Trustee of the will make my wife liable for this debt? The Council asked us to provide details of the money spent on the funeral in order to "write off" the debt, but we received a letter today saying that since we had paid for it ourselves there was no evidence of how the money was "legitimately spent" and therefore we would be liable. All I can assume is that they've looked at how much money was paid to her by them and taken that away from what they can account for and have decided that there MUST be some money available.

...Hi if anyone could help with this it would be great. My granddad has been appointed executor for his brother in laws estate along with the brother in laws daughter. Thr daughter has now instructed a solicitor and sent him a letter asking him to relinquish his rights as an executor which he does not want to do. He has also not seen a copy of the will.. Can she force him to do this and how does he go about getting a copy of the will from the solicitor?? Also will he need his own solicitor to oversee the probate ?? Thanks...

... is the right place to post this. Anyway my mum passed away last December and my eldest sister is executor of her will, also she owns part of mums house, the will states that mums estate is to be split equally between four sisters, obviously eldest sister has her share of the money thats held in the house first, question is..... shes being very slow to do anything about sorting things out, shes not in a rush to sell the house because she has stuff stored in there, she wont go through an estate agent to sell!! because she wants every last penny out of it, also she refuses to insure it because its quite expensive for an empty house!! so where...

...ill face in getting information is that although you are next of kin but you are not either (1) the Executor appointed under his Will (I assume he hasn't got a Will) or (2) his legal Administrator appointed by the Probate office. ['Administrator' is the equivalent of Executor when someone died without leaving a Will.] As a general rule only Executors or Adminstrators have the legal right to information. Next of kin have no rights. It also sounds like he has died leaving no money at all. Is that correct? There are two key things to bear in mind: (A) As next of kin you have no legal obligation to do anything...

...site and joined so sorry if I am asking a dumb question that has already been asked. I am the executor of my mother’s estate. I have discovered a bank, was harassing her just before her death, for repayment of an unsecured loan that she had been telling them she knew nothing about. Question how do I get copies of all the relevant information? Can I send a Data Protection SAR, slightly modified for me as the legal executor? Can I send a CCA request for a copy of the loan agreement again modified to reflect my role as the executor? She had told no one that she was being harassed by these people, but all the letters from her to the...

...Have Tesco actually made any request to the executor ? Have they asked who the executor is ? This Tesco credit card debt is unsecured and the executor is not aware of any need to sell estate property to cover it. I think until Tesco actually address this debt in regard to a deceased estate and make a formal request to the executor, i would ignore them. On the accounts for the estate, has the executor actually noted this Tesco credit card debt ?...

...cause my mum stupidly made a payment thinking she had to pay this last month. She was the executor of her mother's will and didn’t pay any council tax from when her mum past Nov 2020 to August this year when she got the demand and only decided to tell me she paid today. She was only put on the land registry in July this year so only became the owner of the property then. So does it mean she has until July next year or when refurbishment finishes whichever comes first to pay nothing then a 50% discount until someone moves in? Thanks Andrew...

...As executor I made a SAR request and CCA request to cabot for the credit card agreement of the deceased. They have replied that for the SAR request I should contact the original lender and as regards the 77/78 CCA request they have said that there is no requirement under 77/78 to provide this information as the credit card holder has passed away. My question is are they right to refuse my CCA request as I am the excecutor and secondly should I have to contact the original lender to obtain the agreement. Incidentally on the SAR request I asked for a deed of assignment which has not been provided....

... payable. That's a generalisation, yours father's may be something quite different. Are you an Executor (or, you mention intestacy, the Administrator if your father died without leaving a Will)? If so have you got Probate/Letters of Administration yet? Who is dealing with the administration of the Estate? (You as Executor/Administrator, or the solicitor you mentioned, or someone else)? If you are the Executor/Administrator send the Death Certificate to the pension provider to notify death and ask them for details of the policy, the value at date of death for Inheritance Tax purposes , and any continuing benefits payable. That's t...

...nd heating upgrades and installed upvc windows and doors throughout. A valuer on behalf of the executor (HSBC) valued the property and has given a value/price for the property. My Dad will have to give half of this value to my Uncle, otherwise have to move out. I think this is unfair as my Dad has carried out alterations which have improved the property value by at least £10,000. I spoke to the Executor's Office today and informed them of this. I told them that I will be asking an independent valuer to attend. They don't seem happy with this and expect my Dad to ignore all the improvements he has made. Has anyone come ...

...Hello. Sorry to hear about your problems. Question 1. The solicitors are instructed by the Executor. Presumably this person is a lay Executor. It is quite probably the case that the "estate solicitors" are not 'in the know' about much of the detail of the estate because they are ultimately dependant on the lay Executor for the information. They may well have drafted the inland revenue account and Executor's Oath etc but this will be based on what they have been told or have found out in the process of the administration per se. Of course, if they are knowingly withholding information from both the Beneficiaries and the Revenue then they ...

...th. Now today we recieved a letter ... out the blue, from Oriel Collections asking that we (as Executors) ring them, as all they are asking for at this stage is "confirmation" that the amount (5360.64 in respect of OPEN AND DIRECT SPOT 1) be included in final settlement of the estate and offering condolenses "at this time". This is a lightning bolt and has distressed my daughter enormously ... as there is no estate left ... and she is now worrying if she has any liability for this. I have looked through various legal and advice sites but it is difficult to find easy information so we ask if any of you kind people here can assi...

...th. Now today we recieved a letter ... out the blue, from Oriel Collections asking that we (as Executors) ring them, as all they are asking for at this stage is "confirmation" that the amount (5360.64 in respect of OPEN AND DIRECT SPOT 1) be included in final settlement of the estate and offering condolenses "at this time". This is a lightning bolt and has distressed my daughter enormously ... as there is no estate left ... and she is now worrying if she has any liability for this. I have looked through various legal and advice sites but it is difficult to find easy information so we ask if any of you kind people here can assi...

...I am the executor of a relative’s will – very sadly they have just passed away. I have never had to do this before and have no idea what to expect or where to start. I know I need to get the death certificate and all the paperwork together but once I have them where do I go from there? We do not want to instruct solicitors due to the expense. All is fairly simple with just 2 named beneficiaries and a straight split. There is a small property involved. Any help and advice would be appreciated as would suggested links to other sites etc that can help. I started looking at the HMRC website but didn't find it terribly...

... to the trader having the car for the majority of time prior to this. I am named as the Executor of the Will and have been trying to sort this out to no success. We (the family) initially wanted the car back for the funeral day in Feb, but the trader was unable to return the car as was “still awaiting parts to be fitted”. I have been in contact with the trader from Feb – April 2020, contacting him by phone / texts most days for updates, and looking back now, I believe I have been fobbed off, as had my father. I have made notes in my phone summarising the conversations we had for my own records. I have had no evi...

... uk residents) and his brother(I'll refer to him as B). In his will,B and my aunt were appointed as executors. They are both UK residents. At that time, my 2 brothers and I lived in a another country and we verbally agreed with B that he will stay in the house and that he will eventually buy our share of the house.Since then we haven't received anything from him. Now, I recently came to the UK (living here now) and wanted to sort those things out on behalf of my brothers and myself. B told me he hasn't done anything yet to transfer the house ownership from my late uncle to us, and will do so, but am still waiting. My aunt, the othe...

...Another thought hatsanman, who was the Executor to the Will of your brother's wife? I'd have thought that once your brother stopped living there the house came under the legal control of the Executor. Without the permission of the Executor the 3 beneficiaries aren't legally entitled to break in and take occupation of the house. Unless they themselves are the Executors, or have the permission of the Executor, not only are they liable for the damage caused by breaking in they could be prosecuted for criminal damage....

.... "Personal Representative" has a specific legal meaning. It means the person formally appointed as Executor under a Will, or the person formally named as the Administrator in a Grant of Letters of Administration by the Probate Registry. See these two links to legal websites that confirm this. https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/when-there-is-no-will-who-is-the-personal-representative/ https://www.shoosmiths.co.uk/services/probate-administration-estate-14218.aspx The law which those two websites are confirming is in section 55, para (xi), of the Administration of Estates...

...My parent died 5 years ago and a sibling acted as Executor. I have never seen the Will (despite requests) and the Probate Office has no record which indicates it did not go to Probate even though there was property and effects involved which have since been distributed. I thought I was also named as an Executor (along with a third sibling) but, of course, since I haven't seen the Will I have no way of knowing for sure. I have contacted the solicitors who, as far as I know, dealt with the Will and they say they were not asked to do the Probate and do not know if any subsequent Wills were made but if I wanted a ...

...I'd also make clear that your mother has not been formally appointed as Executor or Administrator and is only acting informally to assist creditors. Reason I say that is a formally appointed Executor or Administrator has a legal duty to safeguard the assets of the Estate, which is probably the reason why Alphera tried to get her to sign a letter saying she is responsible for taking care of the vehicle. Absolutely she should not sign any such letter and should make it clear she is not accepting responsibility for the vehicle until they collect it. It would do no harm to mention that she does not drive and so cannot deliver the vehi...

Hi all, I am trying to request documents from Natwest under the Consumer Credit Act - section 77/78. I have had a response today which makes no sense whatsoever - it reads: Quote: Thank you for your recent letter, in which you have made a request for documents under the Consumer Credit Act. I am unable to deal with your request due to, (ticked a appropriate). Request recieved under S77 - the above account is not a loan account and therefore we are under no obligation or requirement to provide you/your client with the requested details. Request recieved however the required fee of £1.00 not enclosed. We hold no authority to divulge our Customers account details to you. The account number you have quoted is invalid - it could be that the number quoted is incorrect or that your request does not relate to a credit card account and therefore you have sent your request to the wrong address. We have only ever recieved a SAR request which is dealt with by a different department, no S78 request recieved with £1 fee. Duplicate request information S78 sent on 07/01/10 to the c/l. I have therefore returned your rquest to you. Please provide me with correct information and/or payment required ad this will be dealt with accordingly. OK - here is the issue - NONE OF THE ABOVE WERE TICKED?! And payment was definately sent as they returned i with the letter?! What is the next step - this very much seems as thoughthey are trying to wiggle out of this one. I need advice on a strong/firm letter to reply with. Cheers, Gareth P.S Below is my origional letter if you need it for reference: Quote: Section 77/78 Request As prescribed under section 77/78 of the Consumer Credit Act 1974 To: Natwest Credit Card Services P O Box 5747, Southend-on-Sea, SS1 9AJ Account Name: Mr. Joe Bloggs D.OB: **/**/**** Credit Card Number: **** **** **** **** I write to instruct you the creditor to supply me with a copy of the above Regulated Credit Agreement, including any document referred to therein and statement of account under the legislation contained within Section 77 and 78 of the Consumer Credit Act 1974. I enclose the statutory fee of £1:00 as required per this request. Failure to comply with this request is a criminal offence under the Consumer Credit Act of 1974. Under 189 of the Consumer Credit Act of 1974 you are obliged to provide these documents whether you are the original creditor or not. If you the creditor under an agreement fail to comply with this request within 12 days you will be in default and as a consequence not entitled to enforce the agreement and where the default continues for one month you the creditor will commit an offence. Yours faithfully Gareth Hopkins

...ou can be more certain that it will fit into the County Court limitation. You are suing as the executor of the estate and it would probably be a good idea just to check on the Internet to understand how you should describe yourself. All the way through the particulars of claim you are using the word "claimant". I'm wondering whether you should be using the word "estate" all the way through. I think you should check up. I know it sounds picky, it seems to me that the person you are suing is likely to take some legal advice at the start getting picky and technical about what you are doing. It would be a shame to make some technic...

...I think you have to describe yourself as the executor of the purchaser's estate....

...ng to someone yesterday about wills and stuff and mentioned to them that my hubby has been named as executor of his father's will. His father not dead btw. They said that because he was executor that he would not be a beneficiary (sp) even although he is named in the will. This has been bothering hubby and wondered if anyone could clear this up for him. His dad is english and resides in england and will drawn up in accordance with their laws, hubby is english but resides in scotland if that makes any difference. Don't know if posted in right place or if anyone can help but advice appreciated. thanks...