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Legal matters

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Executor of will - how to sign cheques

18 replies

Sailingby · 04/04/2020 12:15

My aunt is executor of her recently deceased brother’s will.
She has a cheque book in the name of “Miss Name A, executor of Mr Name B” and has issued cheques to beneficiaries : signing them (only) “Name A”
The banks have refused to clear the cheques as the are not signed correctly, but have not explained why they aren’t signed correctly.
Her solicitor doesn’t know why.

Does anyone know what the signature needs to be?
Does she need to add “executor of Mr Name B” after her own name?

She has written to the bank to ask why, they’re only dealing with emergency questions by phone.

She’s very upset about this - think all her worries at this time are focussed on it - so any advice would be hugely appreciated.

OP posts:
dementedpixie · 04/04/2020 14:20

I hope they are not expecting Name B to sign because that would be ludicrous. Has her signature changed since the paperwork was done at the bank? Is she the only executor?

Sailingby · 04/04/2020 14:28

Her signature hasn’t changed at all, and yes she’s the only executor.

OP posts:
HappyHammy · 04/04/2020 14:34

Has Probate gone through and all the financial side of things finalised now.

Sailingby · 04/04/2020 15:29

Yes, probate has gone through, and the solicitor has confirmed that the cheques can be issued as per the Will.

OP posts:
Sailingby · 04/04/2020 15:31

I’m fairly certain the issue is the way in which the cheques have been signed... that was what the bank said - but provided no further information - and in the current climate my aunt is unable to find out why - she can’t go into a bank, bank are only dealing with emergencies on the phone..

OP posts:
willowpatterns · 04/04/2020 15:40

She needs to write them a letter asking for an explanation.

Isleepinahedgefund · 04/04/2020 15:59

Who set up the account? Is it possible there is another signatory on it eg the solicitor?

Sailingby · 04/04/2020 16:02

Thanks - she has written a letter to the bank asking for the reason - but she thinks that in the current environment it’ll be a while before she hears back.
She’s very upset about it, not sleeping as a result, a vulnerable elderly person living alone - hence me hoping the wisdom of people on mumsnet would help me resolve the issue.

OP posts:
Sailingby · 04/04/2020 16:03

She’s the only signatory required - account is in her name (as executor of her brothers will) as per my original post. I’ve seen the cheques - and can confirm that.

OP posts:
spongedog · 04/04/2020 16:06

Which bank? (Only asking as I am the executor to my dad's will and have been unable to get any bank I bank with to open an executors account. From the responses from staff last year I thought I was badly out of date with how things were done. )

Sailingby · 04/04/2020 16:35

Spongedog - the account is with NatWest.

OP posts:
prh47bridge · 04/04/2020 16:58

It sounds to me like someone at the bank has fouled up. Possibly they think there are multiple executors and all need to sign.

WobblyAllOver · 04/04/2020 17:03

As an executor of a similar account I only signed my name to issue cheques.

Not sure who else would need to sign given that it was for my dead mother.

As pp said it sounds like someone has messed up at the bank.

Sailingby · 04/04/2020 17:38

Thanks prh47bridge and WobblyAllOver, that’s really helpful.
5 separate cheques (payable to different people) have been refused - I’ll gently check the facts with my aunt. Can’t believe the bank have made a mistake 🙁

OP posts:
Melfish · 04/04/2020 17:53

I have had 2 executors accounts with Natwest and only ever signed my name on cheques for the beneficiaries. I was the sole executor on both occasions.
Natwest also paid out on a cheque from my sole account signed by DH (by accident, he thought it was the joint account cheque book).

It is more than likely that the bank have messed up as previous posters say. Many banks are pretty useless at dealing with executor activities, surprisingly given that they must have to deal with them an awful lot.

Sailingby · 04/04/2020 18:16

Thanks Melfish - good to have 3 lots of consistent advice. Should give her confidence that it’s not her fault.

OP posts:
cdtaylornats · 04/04/2020 23:53

The best way forward might be to get the solicitor to write to the bank explaining how they are upsetting said elderly person and requiring both an explanation and compensation.

Mumblechum0 · 05/04/2020 20:40

Why not just do BACS transfers?

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