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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience:  Solicitors 2 years plus PQE
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My sister died on 11 June leaving behind many debts and a mortgage.

Resolved Question:

My sister died on 11 June leaving behind many debts and a mortgage. NRAM Mortgage Operations want an original copy of the death certificate which is fair enough, but they have asked for the Executor to sign one of two forms they sent regarding the Estate. My sister left no will so there is no Executor; only four remaining sister. What do you suggest I say to NRAM regarding this?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

What do the forms say that they have asked you to sign?

Kind regards

AJ
Customer: replied 2 years ago.

1. Notification of Executor form or


2. Statutory Declaration by the Executor witnessed by a Solicitor or Commissioner for Oaths

Expert:  Alex J. replied 2 years ago.
Thank you.

Are you her next of Kin?

Kind regards

AJ
Customer: replied 2 years ago.

Well there are four remaining sisters. She put me down at the hospital as her next of kin.


 


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

It sounds like there is a property involved. Before you sign anything with the mortgage company as your sister has passed away intestate, some one - one of you or your sisters most likely - will have to apply for a letter of administration. https://www.gov.uk/inherits-someone-dies-without-will


Once you have done that you can take these letters to a local solicitor ask them to confirm that there is nothing in the letters from the mortgage company that require you take on any personal liability.

Can you tell me in the mean time what the statutory declaration says?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Section 1.


morgtage account number ....


Concerning ............ (deceased)


Formerly residing at .....


Date of death ...


Relationship with deceased......


 


Section 2


I/we..


of address


Tel number...


 


Do solemnly declare


1. No letters of administration or confirmation have been granted to the said Estate and that I/we are not obtaining probate on behalf of the deceased.


2. That I/we are the person(s) entitled under Administration of Estates Act 1925 to access information relating to the above mortgage account and I/we will actively arrange the redemption of the mortgage balance.

Expert:  Alex J. replied 2 years ago.
Hi

Thank you.

Ok I see what has happened - some one has obviously requested your late sisters mortgage balance?

If you want this information whoever is going to apply for a letter of administration will have to fill in these forms, and say they are applying for a letter of administration.

There is no executor so you wont need to fill in form 1.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
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