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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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Hi can you help. My friend gave me a cheque and has subsequently

Resolved Question:

Hi can you help. My friend gave me a cheque and has subsequently died. I put the cheque in the banks post box on Saturday as it was a bank holiday weekend, sadly he died on the Monday will the cheque be honoured
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do the bank know that he has died?

How much is the cheque for and what is it in respect of?

Can we know the circumstances surrounding the cheque and the death please?

Was the death imminent at the time you sign the cheque or was it a shock?
Customer: replied 3 years ago.
I am not sure if the bank knows, the death was quite sudden and there will need to be a post mortem which has not taken place. The cheque is for 10,000 which he gave me on the 12th but he kept nagging me to lay it in. As I work I couldn't get to the bank when it was opened. It was for some money he had borrowed and some he wanted me to have for his business. It had been poorly but we didn't think he was that poorly.
Expert:  Jo C. replied 3 years ago.
Are you just concerned about the bank or is there any suggestion that his relatives or beneficiaries will query the money and the amount?
Customer: replied 3 years ago.
No just the bank
Expert:  Jo C. replied 3 years ago.
Thanks

If the bank have not been told of the death that the cheque will be cleared.

Usually relatives of a deceased person have more things on their mind than closing bank accounts.

If however the relatives report the death immediately the bank will be frozen and you will have to be paid the money that you are owed by the executors and that could take some while but you will get your money in the end provided there is no dispute over the fact that this person owed the money.

Because there is to be a post-mortem it is unlikely that they will have the death certificate before the end of next week and therefore should not be a problem with the cheque.

Can I clarify anything for you?

Jo
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