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FAO Themas (or anyone else who can help!)
4 Answers
Hi Themas. I have had a letter from Abbey saying the mortgage is now my responsibility. They say that according to their paperwork there is endowment cover on part of your mortgage and I am to send the policy paperwork and the death certificate to the life company. They'll deal with the claim and send me the money from the policy and I am responsible for paying the money into the mortgage account. I have asked the executor for this paperwork and she has not responded. She has not sent me a copy of the will and has told me today after I have returned from holiday she is not applying for probate as she does not have the money. I need to go to a solicitor but cannot afford to. I earn an ok salary although I only get paid when I work and as I have had time off in July to be with my son I am going to be struggling to pay bills this month. I don't think I will get legal aid but do not have the funds for a solicitor. What can I do with regards to this do you think?
With regards to my ex husband and Welcome and the signature on the paperwork not being mine I recently took out an identity theft protection policy and have contacted them today over this. They are getting my own personal case worker to contact me tomorrow after work so hopefully I will get some assistance with this. I am also contacting the police.
With regards to my ex husband and Welcome and the signature on the paperwork not being mine I recently took out an identity theft protection policy and have contacted them today over this. They are getting my own personal case worker to contact me tomorrow after work so hopefully I will get some assistance with this. I am also contacting the police.
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1. It must be quite a frequent occurrence that people can't find policies when asked for them, & companies must have a procedure for dealing with such cases. If you can't get the endowment policy paperwork ask Abbey to tell you which life company it is (name & address) & - if they know it - the policy number & any other information that may help trace the policy, such as the date it was taken out. Then write to the life company explaining the circumstances & sending the death certificate. Keep a copy, send recorded delivery. They should be able to trace the policy.
2. I'm surprised Abbey have told you the policy money will be paid to you. Normally these policies are "assigned" to the mortgage lender and the payout goes direct to them (with any surplus if it is more than enough to clear the mortgage going to the home owner). It could be you have been given wrong info but only the life company can say.
3. I'll see if I can find out anything more about the will problem & post again if I can.
2. I'm surprised Abbey have told you the policy money will be paid to you. Normally these policies are "assigned" to the mortgage lender and the payout goes direct to them (with any surplus if it is more than enough to clear the mortgage going to the home owner). It could be you have been given wrong info but only the life company can say.
3. I'll see if I can find out anything more about the will problem & post again if I can.
1. A further thought on the endowment. If it has not been assigned to Abbey it is possible your ex cashed it in or surrendered it & that the life company did not inform Abbey. The life company will tell you.
2. Wills. So far as I can find out, no-one except the executor is entitled to see the will before probate, & if probate is not obtained this remains the position permanently - i.e. the will stays private & no-one else is entitled to see it.
3. If probate is not obtained the estate cannot be wound up because the house cannot be sold. The exception to this is if the house is repossessed as Abbey can then sell it. However, as someone pointed out on an earlier post, would Abbey be willing to pay any equity to the executor without probate? Only they can say, & it probably depends on the amount of equity. You could ask them & see what they say.
4. As I've said before, she doesn't need to pay a large amount to get probate if the estate is simple. I believe she could get help from the Probate Office (or CAB) on completing the forms herself, or there are firms advertising on the internet she could ask to quote (although I would be hesitant about using one without knowing more about them).
5. It is possible to take action against an executor for failure to apply for probate, but not until 6 months after the death. Also you would need a solicitor to take Court action & if, as you say, your normal income is reasonable you would not get legal aid.
2. Wills. So far as I can find out, no-one except the executor is entitled to see the will before probate, & if probate is not obtained this remains the position permanently - i.e. the will stays private & no-one else is entitled to see it.
3. If probate is not obtained the estate cannot be wound up because the house cannot be sold. The exception to this is if the house is repossessed as Abbey can then sell it. However, as someone pointed out on an earlier post, would Abbey be willing to pay any equity to the executor without probate? Only they can say, & it probably depends on the amount of equity. You could ask them & see what they say.
4. As I've said before, she doesn't need to pay a large amount to get probate if the estate is simple. I believe she could get help from the Probate Office (or CAB) on completing the forms herself, or there are firms advertising on the internet she could ask to quote (although I would be hesitant about using one without knowing more about them).
5. It is possible to take action against an executor for failure to apply for probate, but not until 6 months after the death. Also you would need a solicitor to take Court action & if, as you say, your normal income is reasonable you would not get legal aid.
Thanks Themas. IS she allowed to deal with anything at all in the estate if she has not applied for probate? According to the DirectGov website she isn't. This is their quote:
"If the person who has died leaves a will
In this case one or more 'executors' may be named in the will to deal with the person's affairs after their death. The executor applies for a 'grant of probate' from a section of the court knows as the probate registry. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person's assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person's assets as set out in the will. "
She has not applied for probate and said she does not intend to so how can she be dealing with the Estate?
"If the person who has died leaves a will
In this case one or more 'executors' may be named in the will to deal with the person's affairs after their death. The executor applies for a 'grant of probate' from a section of the court knows as the probate registry. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person's assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person's assets as set out in the will. "
She has not applied for probate and said she does not intend to so how can she be dealing with the Estate?
Yes she can. The quote does not actually exclude the possibility - it just says what is done in most cases.
If an estate is very small - for example only small amounts of cash or money in banks or building societies - then sometimes they will pay it out on production of the death certificate & other documentation without seeing a grant of probate. They cannot be MADE to do so but they can if they are satisfied that the payment is going to the right person. Another situation where probate may not be needed is if an estate is insolvent - i.e. the total of debts exceeds the total of assets - but this would not apply if the assets included a property that had to be sold.
Have you any idea whether there will be any equity in your ex's share of the house? You may not be able to get all the information, but you need an estimate of the sale price (less agents & solicitors fees), halve it to get his share & then deduct his share of the joint mortgage & secured loan (if there is a joint loan) and the total of any secured loans in his sole name. The result is a rough idea of his equity (if any) which is what Abbey would have to pay out. If the amount runs into several thousand �s they would probably insist on probate. I don't see why you can't ask them.
Note that if there is an endowment policy & Abbey receive the proceeds this will reduce the mortgage amount & increase the equity. Incidentally, I assume the endowment will be joint with you but you need to check this when you go back to Abbey & to the life company.
If an estate is very small - for example only small amounts of cash or money in banks or building societies - then sometimes they will pay it out on production of the death certificate & other documentation without seeing a grant of probate. They cannot be MADE to do so but they can if they are satisfied that the payment is going to the right person. Another situation where probate may not be needed is if an estate is insolvent - i.e. the total of debts exceeds the total of assets - but this would not apply if the assets included a property that had to be sold.
Have you any idea whether there will be any equity in your ex's share of the house? You may not be able to get all the information, but you need an estimate of the sale price (less agents & solicitors fees), halve it to get his share & then deduct his share of the joint mortgage & secured loan (if there is a joint loan) and the total of any secured loans in his sole name. The result is a rough idea of his equity (if any) which is what Abbey would have to pay out. If the amount runs into several thousand �s they would probably insist on probate. I don't see why you can't ask them.
Note that if there is an endowment policy & Abbey receive the proceeds this will reduce the mortgage amount & increase the equity. Incidentally, I assume the endowment will be joint with you but you need to check this when you go back to Abbey & to the life company.
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