Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
Thank you for summarising what I can see has been a somewhat involved set of events. Please accept my condolences for your losses.
Could you tell me if either of your parents left a will and if so who was appointed as executor(s) please?
thank you. Based upon what you have said, you should not need a court order to obtain information from HSBC as you can direct their bereavement department to s1 Administration of Estates Act which transfers control of all of your respective parents assets and rights to the executors. in other words, this provision gives you all of the rights that your parents enjoyed in relation to obtaining information when they were alive. This provision is not subject to a grant of probate been obtained and therefore the caveat that has been entered does not have any bearing or restraint upon your right to obtain information. The above is a statutory right not subject to interpretation. it would only be affected by a court injunction ordering the bank not to provide such information which I would assume has not been made.
accordingly, notwithstanding the above, the bank is in no position to refuse to provide you with information and you can remind the bank of your statutory rights above to obtain such information and the refusal to provide information to you would amount to a breach of contract on the part of the bank and will give rise to a complaint on your part and claim for damages (either to compensate you for the additional time it takes to obtain information which you are lawfully able to obtain and/or any losses caused to the estate for example if it delays administration). If necessary, this complaint ( for which they have eight weeks to respond) can be escalated to the financial ombudsman for an independent termination so there is no need to obtain a court order even if they refuse to comply though usually quoting chapter and verse will unblock any road blocks.
if however you prefer to go to court then you can make an application for an order using form N244 for which there is a fee of £255
I'm glad the above is of some assistance. I used to deal practice in contentious probate - not so much these days but try to generally keep my knowledge up in the area.
regrettably, this site is limited to provision of legal information rather than representation and I am not permitted to accept client referrals from customers of this site. In any event you would be better to consider a solicitor or barrister that still actively practices in contentious probate matters but I am grateful that you would consider the request
I wish you all the best with your claim