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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3693
Experience:  Solicitors 2 years plus PQE
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Payment for sale of my late mother's flat

Resolved Question:

I have just sold my late mother's flat and the money is in the bank of my solicitor. This bank (HSBC) have refused to transfer the money to my bank without my providing personal details such as dob and address. The address which my bank (Nat West) have is the property just sold and I live in France. I have not given my French address to the solicitor or anyone else as mail does get lost. I have made an offer on another property but am waiting for a result so at the moment I have no British address. The audit trail for this money is quite clear = sale of flat payment from buyer to solicitor. He has death certificate, will and grant of probate, recent services bill in my name at that address and copy of my passport. I signed over the property and the share which it accrues to the buyer. Can I get the money paid over without further personal details as I feel this is insulting and totally unnecessary.

Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. : Hi Thank you for your question and welcome. I am afraid there is no way around this a solicitor is obliged to conduct KYC (Know Your Client) checks on any client or any person to which they transfer money. This generally involves verifying someone's identity and address by seeing a utility bill and passport. The solicitor risks prison and criminal sanction under anti money laundering regulations by not conducting these checks.
Alex J. : The only alternative is to get the solicitor to transfer the money to another solicitor or accountant that you trust who can write to this solicitor and confirm they have verified your ID and address by writing a letter of confirmation to this firm of solicitors.
Customer:

You have misunderstood the question. The solicitor has conducted checks has seen a recent services bill and my passport. It is his bank who is not transferring the money. All of these in relation to the flat sold. Is that not sufficient.

Customer:

My solicitor has informed ne that it is HSBC who are refusing to transfer the money. My solicitor has seen sa recent service bill for the flat sold and my passport. He conducted all necessary checks to enable the flat to be sold. Why now that his bank has the payment will his bank not transfer it to my bank. The checks you mention have been done.

Alex J. : Has the solicitor written to the bank and confirmed they have indentified your identity? Whose account is the money currently sitting in?
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