Bank/solicitor cockup - sense of perspective needed.
Discussion
I am dealing with my Dad's estate as executor. A solicitor is specifically dealing with getting probate and a property matter. I'm dealing with everything else. Phoned his bank, told them, sent them a letter with the info they needed, they sent me a form to get my id certified which I did. Straightforward.
In parallel, the solicitor wrote to them to get the account balances for the probate form.
I then get a statement from the bank who have closed his accounts and sent the balance somewhere. Being a bit worried about where his money had gone, I phoned them and found out that they sent it to the solicitors. They say they do this whether the solicitor asks for it or not. Fortunately the solicitor when asked confirms they have the money that they didn't ask for, so short panic over, the money is safe,
I am now musing over what has happened. The bank sent the money somewhere without authorisation and the solicitor didn't tell me they had got it.
And to the question of perspective. Is this just a case of all's well that ends well, or has the bank done a bad thing? As I said, just musing - what an odd thing to say "we always send the money to a solicitor who contacts us whether they want the money or not"
Bert
In parallel, the solicitor wrote to them to get the account balances for the probate form.
I then get a statement from the bank who have closed his accounts and sent the balance somewhere. Being a bit worried about where his money had gone, I phoned them and found out that they sent it to the solicitors. They say they do this whether the solicitor asks for it or not. Fortunately the solicitor when asked confirms they have the money that they didn't ask for, so short panic over, the money is safe,
I am now musing over what has happened. The bank sent the money somewhere without authorisation and the solicitor didn't tell me they had got it.
And to the question of perspective. Is this just a case of all's well that ends well, or has the bank done a bad thing? As I said, just musing - what an odd thing to say "we always send the money to a solicitor who contacts us whether they want the money or not"
Bert
BertBert said:
I am dealing with my Dad's estate as executor. A solicitor is specifically dealing with getting probate and a property matter. I'm dealing with everything else. Phoned his bank, told them, sent them a letter with the info they needed, they sent me a form to get my id certified which I did. Straightforward.
In parallel, the solicitor wrote to them to get the account balances for the probate form.
I then get a statement from the bank who have closed his accounts and sent the balance somewhere. Being a bit worried about where his money had gone, I phoned them and found out that they sent it to the solicitors. They say they do this whether the solicitor asks for it or not. Fortunately the solicitor when asked confirms they have the money that they didn't ask for, so short panic over, the money is safe,
I am now musing over what has happened. The bank sent the money somewhere without authorisation and the solicitor didn't tell me they had got it.
And to the question of perspective. Is this just a case of all's well that ends well, or has the bank done a bad thing? As I said, just musing - what an odd thing to say "we always send the money to a solicitor who contacts us whether they want the money or not"
Bert
I would lodge a complaint with the bank. The money may be safe and it may have been a clerical error but that's unacceptable that they got the wrong account. I don't think they need authorisation per se. If they've received all the documentation they need, they then release the funds into the nominated account.In parallel, the solicitor wrote to them to get the account balances for the probate form.
I then get a statement from the bank who have closed his accounts and sent the balance somewhere. Being a bit worried about where his money had gone, I phoned them and found out that they sent it to the solicitors. They say they do this whether the solicitor asks for it or not. Fortunately the solicitor when asked confirms they have the money that they didn't ask for, so short panic over, the money is safe,
I am now musing over what has happened. The bank sent the money somewhere without authorisation and the solicitor didn't tell me they had got it.
And to the question of perspective. Is this just a case of all's well that ends well, or has the bank done a bad thing? As I said, just musing - what an odd thing to say "we always send the money to a solicitor who contacts us whether they want the money or not"
Bert
TimmyMallett said:
I would lodge a complaint with the bank. The money may be safe and it may have been a clerical error but that's unacceptable that they got the wrong account. I don't think they need authorisation per se. If they've received all the documentation they need, they then release the funds into the nominated account.
Yes and I don't know what documentation they need. I would have thought that the letter from the solicitor would need to give the instructions to transfer the money. I haven't seen what the solicitor sent, but they say they didn't ask for the money and the bank said they send it whether it's asked for or not.Bert
This is all learning for me as it's the first tome of dealing with an estate, but there seems to be some commentary about banks and their procedures and limits...
https://www.thisismoney.co.uk/money/pensions/artic...
I'm not sure it's worth any kind of complaint though.
Bert
https://www.thisismoney.co.uk/money/pensions/artic...
I'm not sure it's worth any kind of complaint though.
Bert
BertBert said:
I'm not sure it's worth any kind of complaint though.
Bert
First - sorry for your loss. Bert
I'd agree about the complaint though - no money has been lost, nobody did anything out of malice - there was a bit of a clerical error and you know where the money is.
You are posting here because you want someone to say "take a step back, it's not worth getting wound up about" which is true.
When getting wound up by things, I like to stop and focus on the outcome that I actually want:
Your desired outcome here is likely to be that you want to get it all wrapped up as quickly as possible, this continues to be true and kicking up a bit of a fuss (while possibly justified) doesn't actually help with your actual goal so let it go and put your energy into achieving the desired outcome.
Leave it and move on. You know where the money is, you have enough to be dealing with and what good is a complaint going to do? It's not like they are going to repeat the episode with you is it?
As you are only too aware, and sorry for your loss, life is too short to let things that are already sorted get to you.
As you are only too aware, and sorry for your loss, life is too short to let things that are already sorted get to you.
BertBert said:
Thanks for the thoughts. I've probably over-titled the thread really! I'm not wound up, it's just interesting to get a view on this kind of thing in our modern (yes I'm 60 and a bit grumpy) world of rules and regs and not enough time to to a proper job!
Bert
When you contacted the bank did you tell them you are the executor? I assume you instructed the solicitor re obtaining the Grant and that he/she had not been appointed as a co-executor by your father. If so they had no business closing the account and transferring the money to him/her. The account/s should have been frozen.* The explanation they gave you doesn't fly. Bert
* Banks will usually release funds to an executor prior to the Grant for funeral expenses, probate fees, etc.
Depending on the total amount in the account/s they may release the entire balance. Each bank sets its own threshold for this.
fat80b downplays it as 'a bit of a clerical error'. That's only true if whoever you spoke to was talking out of their a**e. Otoh, if it is the bank's policy it's not acceptable imo..
I can well understand why you might not wish to take the matter further. If so, that's fine. I would though because such behaviour shouldn't be condoned.
My condolences on your loss.
Red Devil said:
BertBert said:
Thanks for the thoughts. I've probably over-titled the thread really! I'm not wound up, it's just interesting to get a view on this kind of thing in our modern (yes I'm 60 and a bit grumpy) world of rules and regs and not enough time to to a proper job!
Bert
When you contacted the bank did you tell them you are the executor? I assume you instructed the solicitor re obtaining the Grant and that he/she had not been appointed as a co-executor by your father. If so they had no business closing the account and transferring the money to him/her. The account/s should have been frozen.* The explanation they gave you doesn't fly. Bert
* Banks will usually release funds to an executor prior to the Grant for funeral expenses, probate fees, etc.
Depending on the total amount in the account/s they may release the entire balance. Each bank sets its own threshold for this.
fat80b downplays it as 'a bit of a clerical error'. That's only true if whoever you spoke to was talking out of their a**e. Otoh, if it is the bank's policy it's not acceptable imo..
I can well understand why you might not wish to take the matter further. If so, that's fine. I would though because such behaviour shouldn't be condoned.
My condolences on your loss.
And Bert - sorry to learn about your father. I hope you have wonderful memories of and with him and that being the age you are, and the age (I presume) he woudl have been (roughly!), that they are varied, many and (hopefully) mostly extremely, if not all (!), positive.
Thanks RD. It is an extraordinary policy bank to send the money out to the solicitor regardless, that's assuming it is their policy. My only reason for complaining would be to make that point. I'm not unhappy that the money is with the solicitor and happy that the banking piece of sorting the estate is actually done.
Bert
Bert
dukeboy749r said:
RD - always the voice of reason.
And Bert - sorry to learn about your father. I hope you have wonderful memories of and with him and that being the age you are, and the age (I presume) he woudl have been (roughly!), that they are varied, many and (hopefully) mostly extremely, if not all (!), positive.
Thanks to you and all for their expressions of sympathy. As the first of me and Mrs Bert's 4 parents to depart it has actually been a lovely time of happy memories and renewed family interactions. I had been dreading it, but actually it has been pretty uplifting.And Bert - sorry to learn about your father. I hope you have wonderful memories of and with him and that being the age you are, and the age (I presume) he woudl have been (roughly!), that they are varied, many and (hopefully) mostly extremely, if not all (!), positive.
Bert
When my mum passed end of last year, my sister and I were executers. We instructed a solicitor to do the probate as despite being straightforward (money in bank only and nothing else) we had a lot on our plates.
We went to her bank (which is also ours) and we had an executers account set up, We provided death certificate and the will which they took a copy of.
The bank froze all her accounts and once probate was completed we sent them the probate certificate (or whatever it is called) and the money was moved into the executers account and then promptly dished out by myself (50/50 me and my sister). Nothing went to our solicitor (apart from his fee) despite him needing to contact the bank for values etc.
We went to her bank (which is also ours) and we had an executers account set up, We provided death certificate and the will which they took a copy of.
The bank froze all her accounts and once probate was completed we sent them the probate certificate (or whatever it is called) and the money was moved into the executers account and then promptly dished out by myself (50/50 me and my sister). Nothing went to our solicitor (apart from his fee) despite him needing to contact the bank for values etc.
On the basis that complaining to a bank is no more complicated than sending them an email/message i would. They've done something thy weren't meant to do and have brushed it off as being 'thats what we do'. I presume they carried out some checks on the solicitors? Mind you how did they know the solicitors bank account details? Just the annoyance of me having to cash it around (while filling in the forms for proof of ID etc) would cause me to moan at them. Mind you've had £200 out of the same bank for two complaints over the last few months.
Let it go.
I'm going through the same things with my mums estate. It took a year to get probate, and were still trying to get the house sale through 9 months after agreeing a sale. If you let it wind you up it will do your head in.
For example, today my ID was rejected because my driving licence shows 2 first names and a 3rd initial, whereas my birth certificate shows all 3 names. Good enough for the government but not the solicitor fraud checkers.
I've come to the conclusion all solicitors are, at best, incompetent, and at worst, purposely obstructive.
I'm going through the same things with my mums estate. It took a year to get probate, and were still trying to get the house sale through 9 months after agreeing a sale. If you let it wind you up it will do your head in.
For example, today my ID was rejected because my driving licence shows 2 first names and a 3rd initial, whereas my birth certificate shows all 3 names. Good enough for the government but not the solicitor fraud checkers.
I've come to the conclusion all solicitors are, at best, incompetent, and at worst, purposely obstructive.
sociopath said:
Let it go.
I've come to the conclusion all solicitors are, at best, incompetent, and at worst, purposely obstructive.
Ah, now the thing I am actually wound up about I've come to the conclusion all solicitors are, at best, incompetent, and at worst, purposely obstructive.
I have three streams of activities on the go with 3 different solicitors at the moment. Dad's estate, Mum's house sale, me and Mrs Bert's new wills! They are all appalling. Even the semi-swanky London one doesn't do what they promise to do until 3 or 4 nags. Hey ho.BertBert said:
Ah, now the thing I am actually wound up about I have three streams of activities on the go with 3 different solicitors at the moment. Dad's estate, Mum's house sale, me and Mrs Bert's new wills! They are all appalling. Even the semi-swanky London one doesn't do what they promise to do until 3 or 4 nags. Hey ho.
They (at least, some of them) still seem to operate at a pace that's different to the modern world. In a recent house sale "our" old family solicitor had to be nudged at one point. He said he'd just dictated an email to his secretary, and she'd send the answer (by email) within a couple of days. I have three streams of activities on the go with 3 different solicitors at the moment. Dad's estate, Mum's house sale, me and Mrs Bert's new wills! They are all appalling. Even the semi-swanky London one doesn't do what they promise to do until 3 or 4 nags. Hey ho.He didn't tell us exchange had happened until two days later - so we had 5 days instead of 7 to clear the house.
So what you seem to be saying is that if I keep an eye on the death notices in the paper and bung out letters to all the local banks asking for details of accounts that they hold for Mr(s) X then as long as the letter looks like its from a solicitor and has bank details then it could be an interesting exercise?
TooLateForAName said:
So what you seem to be saying is that if I keep an eye on the death notices in the paper and bung out letters to all the local banks asking for details of accounts that they hold for Mr(s) X then as long as the letter looks like its from a solicitor and has bank details then it could be an interesting exercise?
That might be the case. However what I don't know is what checks the bank actually did before doing the transfer!!BertBert said:
TooLateForAName said:
So what you seem to be saying is that if I keep an eye on the death notices in the paper and bung out letters to all the local banks asking for details of accounts that they hold for Mr(s) X then as long as the letter looks like its from a solicitor and has bank details then it could be an interesting exercise?
That might be the case. However what I don't know is what checks the bank actually did before doing the transfer!!Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff