Collecting on a Deceased Family Members bank account

Berty

So our relative died and has a Bank Account.

The Bank have given us a form to have filled in using a Solicitor to access the account.

It says the Solicitor must state that there is less than €25,000k in the account. We have no idea how much is in it. The bank wont tell us unless the Solicitor fills out the forms.

The Solicitor wont fill out the forms without €1,500 up front. Who is to say there is even €1,500 in the account?

Any advice from experience here?

daithijjj

My understanding of the situation is that a solicitors fees are taken from the value of the estate. I have no personal experience of this, however i believe the fee is around 3%, and in the case of a very large estate the % fee is reduced.

This website will probably give you some better direction.

http://www.citizensinformation.ie/en/

Berty

daithijjj wrote: »

My understanding of the situation is that a solicitors fees are taken from the value of the estate. I have no personal experience of this, however i believe the fee is around 3%, and in the case of a very large estate the % fee is reduced.

This website will probably give you some better direction.

http://www.citizensinformation.ie/en/

The problem is that the fee is payable whether or not he had the funds in his account. This is from different solicitors.

If you run the risk you can afford to pay them their fee, or you don't have enough and end up paying money you don't have.

You cannot just leave the bank keep it because frankly they're bastards of late.

daithijjj

Beer Baron wrote: »

The problem is that the fee is payable whether or not he had the funds in his account. This is from different solicitors.

If you run the risk you can afford to pay them their fee, or you don't have enough and end up paying money you don't have.

You cannot just leave the bank keep it because frankly they're bastards of late.

Unfortunately, all my experience with this is second hand.

I was under the impression that the solicitor would have to set out a basis for the calculation of fee's at the outset (the idea of paying 1.5k to find out there are 'pennies', for all you know, in the account seems wrong) and in writing. Did you raise your concern with the solicitor like you outline above?.

Did you 'shop around' for this solicitor?, it may be the case that fee's would vary from place to place and it might be worth finding out.

If you have continued concerns about how to proceed, you could always contact the Law Society for advice. They have some power to reduce fee's that seem excessive.

Sorry i cant be of more help, hopefully somebody with personal experience comes across the thread.

Berty

daithijjj wrote: »

Unfortunately, all my experience with this is second hand.

I was under the impression that the solicitor would have to set out a basis for the calculation of fee's at the outset (the idea of paying 1.5k to find out there are 'pennies', for all you know, in the account seems wrong) and in writing. Did you raise your concern with the solicitor like you outline above?.

Did you 'shop around' for this solicitor?, it may be the case that fee's would vary from place to place and it might be worth finding out.

Solicitors each said it was "Common Practice"

I did shop around. 3 Solicitors in fact. 2 I have used in the past who have been reliable and good.

dudara

Shop around perhaps? Try and find a solicitor who will offer a better rate.

smcgiff

Does it have to be a solicitor - what about a commissioner of oaths? 1.5k seems mad

Berty

smcgiff wrote: »

Does it have to be a solicitor - what about a commissioner of oaths? 1.5k seems mad

I asked the Bank because their form states Solicitor. I suggested a Commisioner of Oaths because the information they need just needs to be officiated.

"Ummmm, well the form says Solicitor so I won't be accepting anything else"

Robotic moron she was.

smcgiff

Does it have to be a solicitor - what about a commissioner of oaths? 1.5k seems mad

Also, while a bank may not tell you the exact amount they may be willing to let you know in a round about way if the amount would be sufficient to cover said legal fees depending on the person you talk to.

Berty

That may be so but I wouldn't ask somebody to breach the Data Protection Act irrespective of whether or not the person who could complain about their information being disclosed is deceased.

smcgiff

Fair enough and the counter girl is just doing what she needs to do to keep her job.

daithijjj

Beer Baron wrote: »

Solicitors each said it was "Common Practice"

I did shop around. 3 Solicitors in fact. 2 I have used in the past who have been reliable and good.

A fixed charge was common practice?. So if someone came into millions the fee will be 1.5k?.

There must surely be an itemised outline of what this fee is for. If i was you i would email my query to the Law Society.

unclebill98

You should be able to have the executor of the estate/will enquire about the bank balance.

Then if the amount exceeds the limit a solicitor would be needed to progress. Can you not find a recent bank statement?

coylemj

Did you do probate on the estate of the deceased? You can do the probate yourself and when you get the grant of probate you can march into the bank, let them take a copy of the grant of probate and they will hand over the money, you do not need a solicitor to do this.

Berty

unclebill98 wrote: »

You should be able to have the executor of the estate/will enquire about the bank balance.

Then if the amount exceeds the limit a solicitor would be needed to progress. Can you not find a recent bank statement?

There was no will and other than the bank balance there is no "Estate". He lived off the state following his retirement and all his life in council housing.

There is no need to get the courts involved for in "Intestate".

As there is no will there is no executor of the estate we cannot produce anything to the bank in this case. We must have a solicitor appoint his sister as the executor through their long and drawn out process even though the bank simply requires:

(1) Letter from the Solicitor stating no documents or money will be removed from the state
(2) The person who has signed both forms is who they say they are
(3) That the balance is no more than €25k(which nobody has any idea if it is until steps 1 & 2 are completed).

Weird system.

coylemj

For anyone reading this who may suspect that they will end up in the same situation, the solution is to get the relative to open an account in the credit union and nominate someone to receive up to 13,000 euros on their death.

The credit union will pay out the money on production of a death cert, no probate and no solicitor required.

The Credit Union Act 1997 (S.21) says £10,000 but it was amended to €13,000 by the act which established the Euro as the legal currency of Ireland.

http://www.irishstatutebook.ie/1997/en/act/pub/0015/sec0021.html#sec21

CJhaughey

Beer Baron wrote: »

That may be so but I wouldn't ask somebody to breach the Data Protection Act irrespective of whether or not the person who could complain about their information being disclosed is deceased.

I don't think the data protection act applies after a person is dead.