Enforcing a will from outside the UK.

[daveseekinfo]

Hi, I'm seeking advice please for the following situation:
Death of a family member when the executor of the will (me) lives outside of the UK.
The death certificate is being collected by the daughter who lives in the UK. The daughter has a history of drug abuse and has never had a job etc, however she is the only direct family in the UK.
I am concerned about the daughter attempting to take the death certificate to access the bank accounts of the deceased. The will states that most of the assets of the estate should go to others, not her.
Can she be prevented from using the death certificate to access the bank accounts in contravention of the will?

[des8]

If anyone other than the executor is given access to funds held by the bank on behalf of the testator, then it is at the bank's own risk.
To cover themselves the bank would normally have the person to whom funds are released, sign an indemnity in favour of the bank.
Depending on the balance in the accounts the bank may not release any funds until probate has been granted.

Have you considered contacting the bank(s) involved (by phone or email) advising them of the testator's passing and that you are the executor awaiting the grant of probate. They should then freeze the accounts until they have sight of the grant.

[daveseekinfo]

Hi DES8, interesting insight about the banks getting the person to whom the funds are released sign an indemnity in favour of the banks....that sounds like it does'nt offer much protection of the bank accounts if the person in question does'nt care about getting caught or plans on absconding with the money and going to ground. I'll have to see if I can make direct contact with the banks.

[des8]

The indemnity allows the bank to recover the money from the person to whom they gave it.
The executor should receive the assets whether or not the bank recover them.
The bank should not release the assets until they are sure the person claiming them is entitled to them.
Generally speaking sight of a death certificate and evidence of a close relationship is sufficient as the person administering the estate might not need to obtain a grant of probate

[daveseekinfo]

"Generally speaking sight of a death certificate and evidence of a close relationship is sufficient as the person administering the estate might not need to obtain a grant of probate"

Hmmm, that still sounds concerning, if a particular family member such as a daughter can walk into the bank with the death certificate and their passport to prove their close relationship to the deceased, then take control of the account regardless of the provisions of a will, and spend the money such that it is irrecoverable (they have drug abuse problems and live on Benefits)....that seems like a major vulnerability.
Do you think I might need to seek advice from a solicitor?

[ostell]

If you know the banks then just contact the bank and explain the situation. They will block any action without the correct paperwork. Include with your letter a copy of the will showing that you are the executor and the signatures of the testator and witnesses.

[daveseekinfo]

That's one of the potential problems, I think I know one of the banks where an account was held but there could be others and I have no way of finding out without involving the daughter, who lived with the deceased over the last couple of years and therefore has access to all the bank statements etc.

[des8]

So write to all the high street banks, explain your position as executor , give the testators name and address and other identifying information you have, include a copy of the will and death certificate, and ask them to confirm if they hold an account for the deceased, and if they do to freeze it until you have a grant of probate.

If the bank release funds to someone on basis of a birth certificate only, and another turns up with probate the bank will have to give the executor the funds.
The bank will attempt to recover the first release by invoking the indemnity
The estate will not lose out