Credit Checks.

[derekpara]

Is it usual practice for a solicitor to do a credit check on the recipient of a gift of money from the deceased's Will ?

A relative of mine has not received her Gift because such a check had been done.

Thanks.

D

[dzug2]

I don't follow - are you saying that the solicitor did a credit check and decided that your relative was not eligible to receive the gift?

But yes - a solicitor would be wise to confirm the identity of beneficiaries and a credit check is one of the ways he might do this.

[factor-fiction]

Have you been told by the solicitor that the reason she hasn't had the money is because of the results of the check, or have you just drawn that conclusion yourself, derek?

[Svejk]

a solicitor cant pick and choose who gets money from a will.

[derekpara]

I am not sure of the dull facts myself at the moment, but I do know my relative is in a lot of debt, although not officially bankrupt.

I think your second paragraph , dzug2, is probably close to the answer and I hope to see the solicitor's letter today to clarify things a little more.

In the meantime, thank you all. I'll keep in touch.

D

[derekpara]

Yes, the facts are probably 'dull', sorry !


D

[themas]

How did the solicitor get authority to do a credit check? These can normally only be done if the person who is being checked agrees. If your relative has not given authority she should query with the credit reference agency (when she knows which one has been used) how this came about, & - if not satisfied - make a formal complaint to the solicitor's firm.

The implication of what you write is that the solicitor will withhold the money from the beneficiary & use it to pay off her debts. I would very much like to see the legal basis on which he/she thinks he/she is empowered to do this. The money belongs to the beneficiary under the will & - so far as I can see - the solicitor has no power to do anything with it other than pass it to her. But I'm not a lawyer!

She should certainly kick up a lot of fuss about this to get a sensible explanation - if there is one.

[derekpara]

Thankfully, the matter has now been resolved and the solicitor has issued a cheque to my relative to cover the 'Gift'.

Apparently, the credit check was, as dzug2 suggested, for security/identity purposes.

Themas, I think the solicitor was acting in the best interests of the intended recipient, my relative, and I am not aware that such a check would be illegal or indeed unethical, but I;m open to correction. Anyway, thanks once again for you input, everyone.