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will and a trust document

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  • #16
    There's no indication of the sums left in the account (he swears he forgot all about it !) The bank have seen the note but weren't willing to give details.

    However: I sent another email saying that my wife, as executrix, had a legal duty to recover everything for the estate and suggesting again that he provide a letter giving my wife authority to access the account and transfer the account to her name, a request that was blocked the first time I asked. I also suggested that perhaps my wife and I should visit him and his wife to discuss what to do with this letter about him being a trustee for his girl friend's money.

    Today I've received an email confirming that the letter of authority is on its way, first class not the usual 2nd class he uses, he has contacted his local branch to keep them informed and they will contact my local branch to make them aware of the situation. I think I hit a nerve somewhere.

    I'm more than certain that there has been some funny business going on, I'll keep you posted, though it may take some time.

    I realise that the account may have been transferred into the bank's dormant account process but they should be able to give some details.

    Comment


    • #17
      Oooh the plot thickens! You're suspicious like me. Obviously didn't want you turning up on his doorstep! Do keep us posted if only to stop my curiosity going into overdrive My interest is definitely peeked!
      I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment


      • #18
        Ant it goes on, and on, and on.......

        I wrote to the bank at the end of October describing the problem. No response so sent an email on the 6th December giving a prod. Eventually received a response yesterday 19th January.

        Thank you for your e-mail of 6 December 2018, addressed to our Chief Executive, Joe Garner. I've been asked to respond to you on Joe's behalf in my capacity of Member Relations Executive.

        As I understand it, you're the Executor of the Estate of Mrs Pamela XXXXX, who has sadly passed away. You believe a Trust Fund, opened by Mr Charles XXXX, was held in Pamela's name and after speaking to Charles about this, you've asked Joe for further information.

        Firstly, I'd like to apologise for the delay with my response however, as you may already be aware, Charles also contacted Joe and asked us to send all existing and future correspondence, as well as any available funds to you. I responded to Mr Potts on 4 December 2018 and explained Pamela wasn't named on the account in question and therefore, I was unable to disclose any information to you due to the General Data Protection Regulation (GDPR).
        Looks like they've not really read the letter and email. The owner of the account and the data, Mr. Charles, has given permission for me to access the account etc I have provided a letter to that effect. They are saying that because of GDPR then they cannot release details despite having permission from the owner of that data to release the information. Either that or they are saying that because of GDPR they can't release Pamela's data to the executor.

        Or a third reason could be that they can't be arsed and are using GDPR as an excuse.

        Any comments would be greatly appreciated before I blast off at Nationwide again.

        Comment


        • #19
          It does seem like they have got wires crossed. There is no account in Pamela's name! If Charles has provided written authority for any funds in the named account to be transferred to the executor I'm not sure what the GDPR issue is they allude to?

          Why can Charles not just close the account and transfer the funds to your wife? I suppose the tax position will need clarifying to ensure there is no tax due on the estate of Pamela that hasn't been factored in having been unaware of the account but that should be the only issue?

          I'd definitely get Nationwide to reread the original letter so they understand what is actually being asked of them! Go give em hell
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #20
            I'm glad it's not just me thinking what has GDPR to do with this, I will write yet another letter asking why they think GDPR is appropriate.

            Unless it's a lottery win I can't imagine the amount, if any, would affect the tax liability.

            Charles can't remember opening the account. It is closed but Charles can't remember closing it. I'm trying to find out what happened. I don't trust Charles.

            Comment


            • #21
              Charles, if he wanted to, could obtain all info Nationwide have on the account and forward it to you. If he wanted to.

              Comment


              • #22
                Precisely but he has been saying that Nationwide cannot show anything about the account.

                Comment


                • #23
                  Ask him, so you can finalise everything if he could please get Nationwide to confirm this in writing.

                  Comment


                  • #24
                    I've asked him already

                    Comment


                    • #25
                      It's been a long time but....

                      Many letters back and forth but the bank still denying access to my wife without speaking to Charles. Charles hasn't been responding to the banks letters or phone calls to verify permission to access the account. Wrote to Charles a couple of weeks ago chasing him and asking why he hadn't responded to the bank or my wife and got letter back with a copy of the closing statement for the account (still with his name on it and not Pamela) that he had had in his possession for some time but not forwarded to us.

                      Wrote back requesting the payment of that sum and received a letter admitting he was liable to pay and including a cheque. However he had decided to put the account details in the Payee field (sort code and number) rather than a name and of course the bank refused to accept. Even an appeal to the manager by a member of staff that knows the situation failed.

                      Wrote back to him, with a Letter Before Claim, telling him of the failure caused by his own failure to correctly issue the cheque and added the costs (time and travel) of the failed attempt to bank to the amount and requested a correctly completed cheque to be received within 14 days or money transferred within the same time frame.

                      Response was that he did not know the details for the payee and he would send a corrected cheque when he had the details acceptable to him. Pointed him to details sent in a letter last October, and included a copy of that letter. He had also said he wanted the cheque back so he was told that too much time and effort and expense had been spent so far and it would be returned if a SAE was included with the payment.

                      I've checked my logon with MCOL and it is still working so in 15 days I will press the button to send the claim. He is determined not to pay so should be very interesting to see what he does with a claim form. My wife has been handling this but luckily I am named as an alternative executor so will have the authority to make the claim.

                      Comment


                      • #26
                        Hi again,
                        Thanks for the update. How does this chap not know who the cheque should be made out to? Even if he drew it in favour of your wife's maiden name, if that's what he knew her as, with a marriage certificate she would be able to pay it in I'm sure??
                        Why request the cheque returned when it can't be paid in anyway? Does Charles have full capacity or is he just being difficult for the sake of it?
                        You seem to be on it anyway so good luck and do let us know the next instalment!
                        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                        If in doubt you should always seek professional face to face legal advice.

                        Comment


                        • #27
                          As I said the details for payment had already been supplied to him last year, and he knew the names anyway. The cheque is drawn on a "Barclays Premier Banking" account so it's not as if he's a little short of cash. I think he is just being cantankerous and raising objections hoping my wife will just give up, though we do have doubts about his mental processes sometimes.

                          My wife is very tempted to personally deliver the cheque back at a time when he is not in the house and give it to his wife. Then he really would have some explaining to do !!

                          Comment


                          • #28
                            Does he live anywhere nice, could make a day trip of it or at least confirm you'll be popping it round with no details of dates and times. Not sure he has a better judgment but it may peak it if he does??
                            I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                            If in doubt you should always seek professional face to face legal advice.

                            Comment


                            • #29
                              He lives about 20 minutes away.

                              The last time it was suggested that we call round to discuss matters (last year) when he wasn't responding to emails etc brought an immediate response by first class mail. This guy always uses second class. Must have been worried to have bought a first class stamp.

                              Comment


                              • #30
                                Originally posted by ostell View Post
                                He lives about 20 minutes away.

                                The last time it was suggested that we call round to discuss matters (last year) when he wasn't responding to emails etc brought an immediate response by first class mail. This guy always uses second class. Must have been worried to have bought a first class stamp.
                                For goodness sake. Go round, and settle this face to face. Hand over the dud cheque, and pick up a replacement. Part on reasonable terms.

                                Issuing court proceedings is really a bit OTT unless you have done everything you possibly can to settle this. Even more so, if you think he's gone a bit eccentric in his old age.

                                Comment

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