Scottish Widows, Halifax when do accounts become "statue barred" ?

[Brandon7035]

I am trying to claim money in investments made by my deceased mother (Jan 2009). I informed Scottish Widows and the Halifax in 2009 of my mother's death but did not pursue the claims then. Do I only have six years from my mum's death before the claims become "statute barred" or is it six years from when I informed Scottish Widows and the Halifax ? Or is it twelve years ? I am finding it all very confusing and worrying as I have been told that the payments will be delayed for four months due to a backlog at Scottish Widows. I would welcome any advice at all.

PS I am the sole executor and have sent grants of probate and death certificates with the claims.

[leclerc]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

I am trying to claim money in investments made by my deceased mother (Jan 2009). I informed Scottish Widows and the Halifax in 2009 of my mother's death but did not pursue the claims then. Do I only have six years from my mum's death before the claims become "statute barred" or is it six years from when I informed Scottish Widows and the Halifax ? Or is it twelve years ? I am finding it all very confusing and worrying as I have been told that the payments will be delayed for four months due to a backlog at Scottish Widows. I would welcome any advice at all.

PS I am the sole executor and have sent grants of probate and death certificates with the claims.

If you have provided death certificates and grants of probates then I'm sure I understand the question since your mother is deceased so the money is due to someone....

Have you had issues with them?

[Brandon7035]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

If you have provided death certificates and grants of probates then I'm sure I understand the question since your mother is deceased so the money is due to someone....

Have you had issues with them?

I paid the beneficiaries in full in 2009 with my own money. The question is when will my claims to Scottish Widows and Halifax become "statute barred" ? In other words when will they be able to avoid paying up by saying that the claims are "time expired" ?

[leclerc]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

I paid the beneficiaries in full in 2009 with my own money. The question is when will my claims to Scottish Widows and Halifax become "statute barred" ? In other words when will they be able to avoid paying up by saying that the claims are "time expired" ?

I'm not aware that it would be time barred since the policy is in the name of someone who is deceased. It's not like you are claiming for misselling for example. it might have been dormant but you've already sent in probate and the death certificate so that clearly will not happen.

[Kati]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

would this be what you are asking about?? http://www.legislation.gov.uk/ukpga/1980/58

22Time limit for actions claiming personal estate of a deceased person.

Subject to section 21(1) and (2) of this Act—

(a)
no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and


(b)
no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due

[Brandon7035]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

Thanks for your reply but I am still baffled. I informed Scottish Widows and the Halifax of my mother's death in 2009 but only recently sent in a claim form with the death certificate and grant of probate.

Looking at the Limitation Act 1980 Section 9 states

"9 Time limit for actions for sums recoverable by statute.E+W(1)
An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued."

And Section 22 states

"22 Time limit for actions claiming personal estate of a deceased person.E+W
Subject to section 21(1) and (2) of this Act—
(a)no action in respect of any claim to the personal estate of a deceased person or to any share or interest in any such estate (whether under a will or on intestacy) shall be brought after the expiration of twelve years from the date on which the right to receive the share or interest accrued; and
(b)no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due."

Would section 22 apply in these circumstances and does English law apply to Scottish Widows ? It is a subsidiary of Lloyds plc or somesuch. Any further responses would be very welcome.

[Brandon7035]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

would this be what you are asking about?? http://www.legislation.gov.uk/ukpga/1980/58

Thanks Kati our posts crossed I suppose I am looking foe reassurance that this section covers the circumstances of my claims.

[Kati]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

Thanks Kati our posts crossed I suppose I am looking foe reassurance that this section covers the circumstances of my claims.

Unfortunately, I am not very good in regards to this aspect of law ... I know there are some very knowledgeable Beagles on here who will help you in any way they can tho'
K x

[MissFM]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

Hi Brandon

Please relax!

I don't see how you can have any problem here.

The SB laws apply to pursuing debts that have not been acknowledged, not to legacies - and in any case, 2009 is not 6 years ago.

HTH

[Kati]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

Thanks for popping onto the thread [MENTION=37303]MissFM[/MENTION]
xx

[Nibbler]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

May help, or may be "a little knowledge is a dangerous thing"

[Nibbler]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

I would tend to agree though. 6 or 12 years, or whenever arguably time began to run, basically however you choose to look at it, any claim would not be statute barred yet.

[MissFM]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

May help, or may be "a little knowledge is a dangerous thing"

Yep, sure you're right (put my hands up to being a "dangerous thing", lol) - but WTF does all that mean in practice and for the OP?

[Nibbler]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

Well, unless there is something I'm not seeing then seems it would be 12 years and not 6?

Which if true, then for the OP that would mean there is no possible 6 year deadline looming in Jan 2015. i.e. this coming January.

I'm presuming the subtext in the OPs question was that they were concerned that if it was 6 years, then the limit was rapidly running out?

Saying all that, unless anyone else can confirm from reliable legal knowledge that they don't have to worry, think the OP should take some formal legal advise if they are not in position to start a claim soon.

[Brandon7035]

Re: Scottish Widows, Halifax when do accounts become "statue barred" ?

May help, or may be "a little knowledge is a dangerous thing"

Indeed it's all very confusing to me. From you pdf it looks like the 12 year limit applies to claims by beneficiaries against personal representatives and maybe not by personal representatives against other parties.

"The limitation applies not only to a claim by a beneficiary against a personal representative but, in a case
where the personal representative has distributed the estate of the testator or intestate, to a claim by a beneficiary
against a person who has been wrongly paid or overpaid9.
A claim brought by a residuary legatee against a personal representative for administration of the testator's
estate is a claim to recover a legacy, even though it is not alleged that the representative had in his hands, at
the date of the bringing of the proceeding, assets out of which to pay the legacy10. A personal representative
who has distributed, is, therefore, protected after 12 years11, but will be liable to proceedings, subject only to
questions of unconscionable delay ('laches') or acquiescence12, for so long as he retains assets in his hands."

It does not detail my position as a personal rep trying to claim from a bank/building society account etc. I am not a beneficiary of this money in the will.