Question about preparing the ground for formal complaints to a bank.

[in-anticipation]

Hello, newbie here so please bare with any lack of knowledge.

I am attempting to prepare the ground for what I assume will be formal action concerning two accounts belonging to my late father who died in 2007. These accounts or their contents/value pass to me via the wills of my father and subsequently my mother (as far as I know, I am the principal beneficiary of my mother's will). I am not an executor of my mother's will which is still in the probate process. These accounts are still in my father's name (a great surprise to me) and are administered by different offices of the bank concerned.

In June this year I wrote to both offices, via recorded or special delivery, requesting information and copies of any and all correspondance between themselves and any interested parties since my father's death. One office has, at my 2nd request, responded with the requested information and correspondance but the other office has yet to do so despite a 2nd request.

My questions to the forum are,

1) do I have the legal right to request, from the bank or its offices and concerning these accounts, any information I deem necessary and copies of any and all correspondance between ANY interested parties?

2) If requested to do so is the bank or its offices required to supply such information and copies of the correspondance?Thanks

Edited August 4, 2009 by in-anticipation

[johnhowell]

Who was the executor of your fathers Will? It is they who had to collect all the assets of the estate and distribute to the beneficiaries. How come these accounts were missed in 2007? These are the questions you need to ask of the executor.

 

Once these accounts are transfered to your mothers estate, then the executor of that estate will distribute to that Wills' beneficiaries.

 

Good luck,

John

[in-anticipation]

Thanks for the reply John.

My mother was the executor of my father's will.

It's a complicated situation and I am thinking of persuing the bank over events that happened prior to my father's death whilst I had power of enduring attorney over his affairs. I suspect that an action concerning events after my father's death is less likely to succeed.

[yourbank]

Thanks for the reply John.

My mother was the executor of my father's will.

It's a complicated situation and I am thinking of persuing the bank over events that happened prior to my father's death whilst I had power of enduring attorney over his affairs. I suspect that an action concerning events after my father's death is less likely to succeed.

The same thing will apply ie the reasoning behind why it wasn't made prior to his death. Depending on the situation will depend on the advice but there is nothing to stop you asking for advice prior to starting the process with the FOS

[in-anticipation]

I have written to the financial ombudsman and though it is not yet a formal complaint with them there is a case number concerning this matter. However they have not answered my questions about whether I am within my rights to seek copies of any and all correspondance between the bank and interested parties during the relevant time periods.

[yourbank]

I have written to the financial ombudsman and though it is not yet a formal complaint with them there is a case number concerning this matter. However they have not answered my questions about whether I am within my rights to seek copies of any and all correspondance between the bank and interested parties during the relevant time periods.

 

This is a tough old one because the executor of the will or where no executor exists, the next of kin, can take up the matter but as the beneficiary I am not sure you have the right to do so. Hmmmm, personally, I think you need to take legal advice because you cannot do a subject access request as you are not the executor of either estate. As the executor of your father's estate passed away then I am not sure of your legal position with regards to his case.

For your mother, the executor is the person that should pursue any issues with regards to your mother especially as it is in regards to financial affairs.

 

Bottom line for me, please seek legal advice, for example, house insurance/car insurance might have a legal helpline that you might be able to get some advice on.

[in-anticipation]

Thanks, having found out how to format posts I have edited my first post to hopefully make it clearer that I am asking about my rights to ask questions and request info etc. Approaching the executor of my mother's will is something I'd rather not do at the moment.

I have made some enquiries with the IFA side of the Law society here and may book an appointment with them.

Edited August 5, 2009 by in-anticipation

[in-anticipation]

Update. The situation is basically the same, one office of this bank has provided all the correspondance requested though the other office has now formally refused to do so as it is not their policy. However what information the latter office did provide was very interesting and may be the hinge pin to the whole affair.

I assume the will/estate is still being prepared for probate. Once probate is completed ............ fingers crossed.

Edited October 6, 2009 by in-anticipation

[in-anticipation]

Ok, I have heard that the papers for the extraction of probate are with the executor to be sworn so hopefully there will be some fun and games soon.