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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Husband passed away on the 2/7/2008 i was his only benificary.

Resolved Question:

My Husband passed away on the 2/7/2008 i was his only benificary. Money from his estate was left via an expression of wish form (pensions, life insurance etc.) I did not need to apply for a Letter of Administration. Recently I made a claim for PPI against our bank, the accounts were signed jointly, my Husband being the first named person on the accounts. I have been awarded £12,000.00 but the bank has only paid half the amount stating that they need a letter of administration before they will release my husbands share of the reward. I have sent them copies of my Husbands death certificate plus copies of all letters confirming payment of his pensions and life insurence to me but they will not execpt these documants. Do i need to apply for the letter of administration?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I feel the Bank is just trying to be awkward. Legally, they can ask to see Letters of Aministration if your late husband's net Estate was worth over £5,000. Any Estate valued at under £5,000 is classed as a "small Estate".

On the basis that the pension/life insurances were paid directly to you by way of a letter of wishes, these monies do not form part of his Estate when calculating its value.

Therefore, on the basis that the PPI money was his only "asset" and there would have been a funeral to pay, this would bring the value below £5,000.

I therefore suggest that you write to the Bank and explain that your husband's Estate was a small Estate and that Letters of A was/is not required. They should then forward to you a statutory declaration form to confirm this, and which you would need to sign in front of a Solicitor for a fee of £5.

I hope this assists and answers your question.

Kind Regards

AL

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