Mother’s Estate and Reluctant Eldest Brother

[CrappoMan]

If you are in possession of a grant of representation and are the sole holder, you need to be forceful. Write to all concerned and DEMAND (yes demand) that they turn over all financial documents/effects/posessions that belong to the estate. If they refuse, go to the police. There are strict rules regarding the administration of estates, breaking many of them is an offence.

 

Regarding the credit file, write to the CRA's enclosing a copy of the death cert and letters of administration, again DEMANDING that they supply you with a copy.

[CrappoMan]

I'm not sure of the exact law, but it is probably contained in the Administration of Estates Act 1925.

Contacting the Office of The Public Guardian is a good idea, to get their take on the situation.

Your letter to EB should simply say:

 

As the sole holder of the grant of representation/letter of administration/grant of probate (choose as appropriate), and the only person legally entitled to administer the late xxxx's estate, I require the following to be returned to me:

 

(list of stuff you want)

 

Failure to comply with this request will result in the reporting of your actions to the police, in line with the Administration of Estates Act 1925.

[CrappoMan]

The legislation you are looking for is http://www.legislation.gov.uk/ukpga/Geo5/15-16/23/section/25. This allows you to ask the court to require the personal representative to give a full inventory and account of the estate.

The problem is, once OP obtained the grant/letters of representation, THEY are now the personal representative, with all the responsibilites, but which they can't fulfill.

I had a quick look at the legislation, but couldn't find anything which covers PREVIOUS PR's, which is why I suggested going to the police, to get them to retrieve the info from EB.

The OP doesn't need to go to court to get info from financial institutions, e.g: the bank. If they have the grant/letters then they can just write to the bank and demand the info, and also tell the institutions that the OP is the one they should be communicating with, not EB.

[CrappoMan]

Do you have the grant of probate/representation, granted by your local probate registry office ? Is it in your sole name ?

 

If so, take a copy into your local bank branch and TELL them what you have. If you need to, ask to speak to the manager, and put the grant infront of his face and TELL him that he MUST comply with your wishes. Once they know you hold the grant all correspondence MUST be with you.

 

If you have the grant, then EB has no standing in the estates affairs.

 

This is part of the letter I sent to one financial institution who were being obstructive when my father died:

Please find attached Grant of Representation confirming that I am authorised to act on behalf of the estate of the late Mr XXX, his death certificate has previously been sent to you.

 

All further correspondence regarding the late Mr XXX’s accounts should be addressed to me. After inspecting/copying, please return the grant to the address at the top of this letter.

 

As the holder of the Grant of Representation I require you to pay forthwith the balance of this account via bank transfer into the following account:

 

P.S: As certified copies of the grant cost money to obtain, always send an original copy, but ask for it to be returned.

[CrappoMan]

I missed the bit about it being in EB's name.

 

Still, the OP needs to use the grant to get as much information on his mothers affairs as possible, and to stop EB having access to the same info/accounts. Information including which account his mothers money was paid into.

 

As he can't get access to accounts in EB's name, once he has info which points to EB's accounts, he can, and should, take it to court.

[CrappoMan]

Why does the insurance policy require all surviving children to sign. The estate is claiming on the policy. The only signature required is that of the holder of the letters. I would write back to the insurers, marking your letter 'Letter Before Action', requiring them to honour the policy and telling them that you WILL take legal action if this claim is not completed.

 

The DWP were incorrect in using the DPA to refuse to discuss your's mothers pension account with you. As you hold the letters, when you speak or write to them, you hold all rights of access to information that your mother had.

 

The bank are correct in that they will not discuss with you an account in EB's name. The bank don't know why the money was paid into the account, even if it is clearly your mothers pension money from the DWP. They won't know what arrangements were agreed to regarding EB receiving the money.

 

If the following is what the bank said to you:

My mother was their customer; there is no account in her sole name. the account into which her pension was paid was not a power of attorney account;

That implies that your mother had a joint/trustee account with the bank.

 

If she did have a joint account, the surviving joint owner automatically owns the money. The money does not form part of the deceased person's estate. You would need to show a court that EB fraudulently obtained the money.

 

Don't go through the local branch, write to the banks bereavement department, they are used to actually helping people and are more clued up on what they are obliged to do. Unfortunately, you can't SAR the bank under the DPA for a deceased persons records, but the bereavement dept should supply copies of statements if you ask.

 

You need a lot more information. Concentrate on your mothers affairs, ignore your own previous dealings with EB, they are not relevant and will only cloud the issue.

 

It seems like a complicated situation, you would be better off getting some proper legal advice as EB doesn't look like he will be helping you at all, and you may need to go to court to force the issue, or maybe a strongly worded solicitors letter with threats of court action may make him realise you are serious and might prod him into action.