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Legal, pensions and money

Cheque to 'executor'

(14 Posts)
MamaCaz Sat 07-Oct-17 20:42:18

My dad died a few weeks ago. Mum is both sole beneficiary and executor. Fortunately, it looks like Probate will not be needed - even National Savings and Investments have already credited my mum's bank account (it was a joint account until Dad died) with the value of his premium bonds, and put in motion the transfer to Mum of some bonds he held, without probate..

The one problem right now is a refund on Dad's car insurance - Aviva sent Mum a cheque made out to the Executor. That means she can't pay it into her account. The Lloyds bank employee who dealt with the removal of Dad's name from the account said it could only be paid into an Executors account - but didn't seem to want to do it for one cheque.what's more, I am not even sure if you can have such an account without probate!

Being naive, we thought that if we explained the situation to Aviva, they might be able to make out a cheque in my mum's name if we sent them the will showing she is, as I said, the Executor and sole beneficiary. Half an hour on the phone to Aviva today (admittedly, most of it listening to 70s music while waiting for a human to become available) got me nowhere. The employee just kept repeating that making the cheque out to the Executor was the 'correct' thing to do. There was no room whatsoever for manoeuvre.

Does anyone have any experience of this kind of situation, as we are not sure what to do next, other than write off the cheque, which is probably what they are hoping for.

Eglantine21 Sat 07-Oct-17 20:49:57

I think Aviva were right unfortunately, from what I remember of my husband's will. Though I admit it's all a bit hazy so very willing to be corrected.
Nationwide helped me a lot. Good old fashioned branch service. Don't suppose you have an account with them?

maryeliza54 Sun 08-Oct-17 00:07:26

I had this with my mother, and it was changed after I rang. The employee is wrong. With some estates( probably larger ones) the executors do set up a special account, probably also when they might not be beneficiaries. I would go onto the Avila website and send in a complaint to customer services.

MamaCaz Sun 08-Oct-17 09:21:14

Thanks to you both for your answers.

maryeliza54, writing to Aviva is definitely next on my list, working my way up the hierarchy if necessary.

With hindsight, I should also have asked to speak to a supervised yesterday, having got nothing but company policy spouted at me repeatedly (in a manner that was bordering on rude, too, i felt), but for some reason it didn't occur to me at the time. Probably because of the very long wait on hold, then the brick wall at the end of it!

maryeliza54 Sun 08-Oct-17 09:39:53

I don want to 'tell' you what to do but my advice really would now be to email via their on line complaints form. Earlier this year, I had to settle my uncle's estate ( no will). I gave up on phone calls as if I spoke to 3 different people I got 5 different answers. If I wrote, the letter somehow 'disappeared'. Email leaves the audit trail and they know that. Also the complaints process has built in time limits. The refund must be a relatively small amount so I really don't understand their problem. Sometimes with some of the companies who paid me money ( even before probate and in one case over £6000) all I had to do to get a cheque made out to me was sign an indemnity firm basically saying I would make sure the money was distributed as it should be and it was now my responsibility. I am still quite battle scared from the whole process but learned a lot about both how to and how not to do it. One company behaved so badly that I got £50 compensation for delays which I gave to the charity we had decided on in memory of my uncle. I also did make the point when necessary that this money was due because of a bereavement and that they should be mindful of that when dealing with customers. The best companies were Royal London ( zillion gold stars) and the Coop Bank ( similar gold stars). Good luck - I'd be interested to hear how you get on

Smithy Sun 08-Oct-17 10:02:42

Sorry for the loss of your dad Mamacaz.
I don't know why they couldn't just make the cheque out to your mum.
My brother died suddenly in February this year and I was executor and sole beneficiary. I did have to go through probate but used a solicitor. However I dealt with a lot of stuff myself to save time and money and in all cases except one I was sent cheques in my name. I can't remember which it was now but it was made out to my brother. As his current account was still open at the time I paid it in using his debit card and the automated machine at his bank. I hope you get things sorted speedily.

Nannarose Sun 08-Oct-17 10:27:28

As I understand it, an 'executor's account' is optional anyway - a lot of people think it easier to have a separate account, but as long as you keep proper accounts, you can use your own bank account.
It may seem counter-intuitive, but I would contact the Probate Office, who are normally very helpful. Explain that you do not want to apply for probate (they understand, many people in this situation don't) and ask if they have any advice.

MamaCaz Sun 08-Oct-17 16:34:18

Some very good advice. Thank you everyone.

M0nica Sun 08-Oct-17 19:09:42

Mamcaz, a sad time for you flowers. Do not work your way up the hierarchy with your complaint. Go straight to the chairman. I have found that effective in all sorts of disputes with companies.

Daddima Sun 08-Oct-17 19:30:29

I agree with M0nica. Find out the name of the top banana, and copy him in.
I’ve found a wee post on Twitter guarantees a prompt communication!

grannyticktock Sun 08-Oct-17 21:11:10

I am executor for my stepmum,and we did set up an executor's account, but this was entirely optional. We have been told that a cheque made out in either of our individual names would also be acceptable. It is not essential to have an "executor's account", and indeed some banks won't offer this option anyway, certainly not if you don't bank with them. And yes, we weren't allowed to take anything out of the account until we got probate.

I was also an executor for my Dad. I set up an ordinary savings account in my name and asked for all the payments to be made out to me. I never had any problem.

When my husband died, I was in a similar position to your Mum - the house and the joint account automatically became mine, and probate wasn't required. I was his sole executor and beneficiary. There were a few odd repayments etc due, but no one questioned my right to these assets.
Your mother is totally entitled to the money, and she can send a copy of the will to prove that she is the executor. Don't let them get away with this.

MamaCaz Thu 19-Oct-17 16:46:25

Thanks again for all your suggestions and your support.
In the end, I decided to email the customer complaints department, and have had a reply today apologising, and saying that a new cheque will be sent out shortly in my mum's name.

GrandmaMoira Thu 19-Oct-17 16:53:34

Most banks no longer offer executor accounts anyway. I had this problem of a cheque addressed to the executor with my husband's employer when he died. After months of arguing, they agreed to change it eventually.
I found that most places were difficult or plain ignorant when sort out my husband's estate. I gave up on chasing the money owed to me by the mortgage holder.

maryeliza54 Thu 19-Oct-17 18:20:20

Thanks for update Mama glad that using online customer complaints worked - hope cheque arrives soon?