Probate

[Davesarum]

Hi
I need some help. An 80 year old husband recently lost his wife (early 2018) who had over £110k of various savings in her own name and had over £70k joint. They also had the family home in joint names i.e. Joint Tenants approx. £300k. He has no wish to move, so he will stay in the family home.
They have no children or relatives that could become beneficiaries, they have agreed that they understand and are not expecting any money to be given to them. The will stated various charities or if husband still alive then all to go direct to him.

Most of the money held by banks etc. have happily allowed the money to be transferred to the husbands name only. There is only one Building Soc. (Leeds B. Soc.) that is insisting on a Probate/letter of administration before they will transfer her bond into his name as sole beneficiary,even though he has a bond in his name taken out at the same time, with them.

I know that he is the only beneficiary and as he has survived more than 28 days from the date his wife died; he has been named as sole Executor but he himself is suffering from an incurable cancer and does not feel able to cope with this task. Hence I have said I will assist as far as I can.

Advice would be appreciated.
Thanks

[pawncob]

You don't state the amount involved, but you'll only need probate over £40k.


See Item 5.
http://www.leedsbuildingsociety.co.uk/_resources/pdfs/your-society-pdfs/about-us-pdfs/new-leeds-building-society-rules.pdf

and Page 8 of this
http://www.leedsbuildingsociety.co.uk/_resources/pdfs/bereavement-guide.pdf

[AGoodman]

If they are insisting then there is little you can do other than take out probate. The schemes mentioned by Pawncob are entirely voluntary on their part so if they refuse, or the sum is too great, you cannot force them to pay without a grant.

Another individual (you, an adult child, a professional) can take out probate on his behalf under a power of attorney. Once he has signed the poa, they effectively stand in his shoes and his involvement is limited to helping with facts/info.

[Davesarum]

Thanks for your help.
The deceased wife has £53k in the Leeds B Soc. She also has a further approx. £57k in her own name and approx. £73k joint (ie £37K as her share).
Is the total amount with Leeds B Soc. open to their rules etc. or are they the rules re Probate and they cannot change them.
Thanks
Dave

[Lee Young]

If the Building Society insists on probate there is nothing that can be done. It is entitled to insist.