Dealing with companies when someone has died without leaving a will.

[Parkrage]

Sadly my dad has recently passed away and unfortunately he did not leave a will. I have been dealing with his financial matters, now, with one exception all the companies I have dealt with, I have been able to request that any monies due to my dad be paid by cheque or bank transfer to me.

The problem I have is the one exception, the company is not based in the UK and are stating that due to UK law that they are not legally allowed to release the funds of a deceased customer to anyone other than the estates executor. And that, as is the case with my dad if the customer has died without a will, then I must either get a Letter of Administration, or a statutory declaration before a solicitor.

So, how have I been able to deal with other companies without requiring these documents and is this information they have given me correct.

The amount in question is only a few hundred pounds so if I am to peruse it, any fees I may incur would need to be minimal.

Any advice greatly appreciated.

 

[KatieMistletoe]

Sorry for your loss.

Can you give a bit more information please?

Are you in Scotland, England, Wales or Northern Ireland?

How much was your father's total estate roughly?

It sounds like they want a small estates indemnity witnessed by a solicitor. The indemnity releases them from lisbility regarding the distribution of your father's estate (ie if someone else laid claim to the money and the company had given it to you the company could be liable for compensation to that third party. This declaration puts the responsibility and liability onto you. It's arse covering for them and quite normal). Most solicitors will witness you sign it for just a few pounds. Do they have a standard form/declaration they wish you to sign?

[Parkrage]

Katie, I am in England. The total of my father's estate is likely to be around £7k. But the company I'm having an issue with, the amount is approx £300. They haven't given me any forms or declaration to sign.
When I popped into a local solicitors, they suggested that whilst they would like to be able to help the fees might not make it worthwhile.

[KatieMistletoe]

I see. Ring them and ask for their small estates indemnity form. They should have one because they will want the wording to be sufficient to cover themselves. This will then cost between £5-£15 to have witnessed (ime).

Who did you speak to in the solicitors? It sounds like they either don't know about probate or, more likely, they misunderstood (thinking you wanted them to deal with the company perhaps). Ask them how much it would be to witness a document. People need to get stuff witnessed all the time - for property purchases for example.

[CMOTdibbler]

When I needed something witnessed for a house purchase (we had to use dhs company solicitors far away, so needed witness locally) a solicitor asked us for a fiver in the charity tin

[Parkrage]

I rang the company today, said I had spoken to my solicitor and asked them to send me the form. They asked me what the solicitor said needed to be included. I said that surely that was upto them to decide. I have followed it up by email and am awaiting their reply.
Thank you for your advice Katie.