Issues with getting cheque info from bank

[QueefofSheena]

I am currently executing a will where there are a number of large cheques made out that may be gifts, and as such could be subject to IHT. I have requested copies from the deceased bank, including the cheque numbers, however they have only supplied me with a small number of cheques covering about 10% of unaccounted for money. . They say that they have provided all they have, and that any cashed in branch are not kept for more than a year and can’t be retrieved. It’s unclear whether these were actually cashed in branch though.

I understand that they are obliged to keep records for seven years for tax purposes so it’s frustrating. I don’t want to run foul of HMRC so I really need to find out if they were made out to a third party as a gift, who then cashed them. The amounts are far too large for it to be general
spending money. The deceased was elderly and didn’t require large sums of cash. I’m also concerned about coercion, due to the amounts and for other reasons.

Has anyone had to do similar who may have some advice? Thanks.

Can you still cash cheques nowaxays? I thought you had to pay them into an account. Or can you still literally write cash as the payee, I haven't come across that for decades

Is this a UK bank?

Yes, a high street bank. These were honoured were by the bank between 4 and 7 years ago. It amounts to a lot of money and takes the estate above the IHT threshold if it was cash gifts.

I only have copies of a few cheques, the bank are telling me they don’t have the others so they assume they were cashed in branch. I don’t think that can be right for tax reasons alone. If that were true then anyone could do it to launder money or dodge HMRC. I’m clearly being fobbed off because someone CBA but I’m just not sure what I can do to get copies. I guess my next call is to an ombudsman. I don’t want to do this wrong but I’m limited with the information I have.

Surely you can't be held accountable if you have requested the information but the bank says they can't help you? You have made proper enquiries.

(Sorry if that's not helpful).

Try going to a complaint at the bank. You might have came across incompetent staff so far by chance and the complaints teams normally have more experienced and knowledgeable staff. Either that or a CEO complaint.

We don't deal with cheques where I work these days so don't have any knowledge on retention periods to help on that side.

I hope so. I’m also highly suspicious about some of these amounts and the regularity, so I’d like to solve the mystery about who had the money.

I’m not a beneficiary but the deceased was very dear to me and I’d like to do my best for them.

Sorry @WhatsTheMatterDavid we cross posted. I’ll have already written a complaint letter but haven’t had a response. From what I’ve read, 7 years is a minimum to store these records but it could be as much as 10 years.

It is pretty unusual to cash a cheque nowadays. You might cash a cheque from your own account to get hold of more than you can take from an ATM, to get specific tender (£50 notes or coins) or if you were extremely opposed to using a bank card and ATM.

For any of that, you would have to visit the bank yourself, with ID or be known to the cashier. The account holder could cash a cheque and hand the money to anyone. It is untraceable.

It would be very unusual and suspicious to cash a cheque on someone else's account. The bank would need to know that the account holder had given permission. There aren't even many branches open nowadays and very few counter staff.

It feels more likely that they were standard cheques but the bank hasn't given you the images.

@somersetsinger thats what I think too. It’s possible, just more difficult for them to access the older ones. I’ll keep plugging away as I want to see this through now. Thanks everyone.

On an occasion like this I would instruct a solicitor to contact the bank and demand the information.

What info are you actually after ?
The number of any cheques written to other parties that have been deposited will show on the bank statement (although it won't show who the cheque was made out to). Have you already got seven years worth of bank statements ?

I'm not sure that these days physical cheques will always be returned to the issuing bank, as it's now possible to pay cheques into an account simply by taking a photo of them these days - although the digital images should be around somewhere

@P00hsticksthe op needs to know who the cheques were written out to and yes the bank should have records.

if an elderly person was regularly coming in and cashing in large value cheques they should have raised questions about what it was for etc. I certainly get asked why I am withdrawing large amounts of savings, it’s part of anti money laundering, anti coercion, anti fraud.

I may well end up doing that. I also thought about trying Resolver. It might be worth a go.