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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10452
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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ive been told I need a letter of administration to claim back

Customer Question

ive been told I need a letter of administration to claim back my PPI from my morguage. which was in mine and my husbands name, he died on 28.08.08 they say this is to prove I am next of kin. will his death cert. and our marriage cert not be enough.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks 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".

I don't know if your husband heldany accounts/savings in his sole name (any joint accounts would have passed automatically to you and thus do not form part of his Estate)but on the basis that the PPI money was his only "asset" and there would have been a funeral to pay, this may bring the value below £5,000.

If it does, I 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 fee of £5.

If the ppi monies and your husband's Estate is a larger figure than £5,000 plus his funeral costs, they ar eentitled to insist that you obtain the Letters of Administration, which is evidence that you are his next of kin, and sadly the marriage and death certificates would not be adequate. It is relatively easy to obtain, and you would need to make an appointment at your local Probate Registry to obtain it.

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.

thank you back to me it answers me perfectly I will know where to come next time I need a legal question answered

Expert:  Aston Lawyer replied 2 years ago.

Thanks Doreen.

If you are happy with my answer, I would be grateful if you leave positive feedback.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.

,

Can I assist any further?

Kind Regards

AL