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Grandfather Passed Away and I Cannot Close His Bank Account

Discussion in 'Wills and Estate Planning Law Forum' started by ronsha, 5 July 2014.

  1. ronsha

    ronsha Member

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    I was my grandfathers financial power of attorney. he died without a will. I went into the Westpac bank and showed them his death certificate and they cancelled all his pension payments but 1. he was from England and had 3 pensions deposited into his bank account. when he passed away there was $700 in his account, now there is $9000. I have rang Westpac, England pension services, Citibank who deposits the direct entry money. And no-one can help me find the depositor to return the money and then close the account.
     
  2. Tim W

    Tim W Lawyer

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    Are you either of his Executor (if a will), or
    (in NSW) his Legal Personal Representative (if no will ("intestate"))?

    Powers of Attorney normally expire upon the death of their maker.
     
  3. ronsha

    ronsha Member

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    He owned nothing of value, he rented, had minimal furniture and lived from pension to pension, so because of that there didn't seem to be a need for a will. He lived by himself until he was 92, and i was his carer, just meals and medications. I was his financial power of attorney and all his mail came to me because he had a bad memory. I just have no idea where to go now to try to close this account before it gets even more ridiculous. I want to pay the money back to whoever is paying it. It is a simply direct entry at the end of each month and I cant believe how unhelpful the banks are with me trying to close it down. I realise that my problem is not so much of a legal issue, but was hoping for advice on where to go next.
     
  4. winston wolf

    winston wolf Well-Known Member

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  5. Tim W

    Tim W Lawyer

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    I agree with Winston about the UK Pensions.
    You can notify pension providers of a death and they will (should!) stop paying.
    They may seek return of any overpayment, and you will have to do that.

    So far as closing his bank accounts and anything else, you will need to apply for Letters of Administration (or the equivalent in your state if not in NSW). Until you get those, you don't have any authority to deal in his estate - because your FPOA expired when he died.
     
  6. ronsha

    ronsha Member

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    thank you very much. I will give that a try.
    My problem is that nobody knows who is paying the direct entry payment into his account. I rang the UK Pension Service in England 3 weeks ago and they asked for a certified death certificate and cover letter with all my grandfathers details which I sent to them. They rang me back and told me that the money wasn't coming from them. I asked them for a letter to be sent to me stating that, i haven't received that yet, though. The money is a direct entry payment from Citibank Europe legal and General, the Westpac Bank (my Grandfathers bank) gave me the number to call them and they told me they cant give out third party information. I want to give back the overpayment , but I can't find out who it is.
     
  7. Tim W

    Tim W Lawyer

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    1. Westpac bank will be able to work it out. They don't just accept money blind.
    2. But, unless you are the Legal Personal Representative, (or equivalent in your state)
      now that he has died, they won't deal with you.
      No having a death certificate is not enough.
      No, being his granddaughter is not enough, even if there is nobody else.
      No, having had Financial Power of Attorney is not enough - because that expired when he died.
    3. You need to do the process in your state to become the LPR or equivalent.
     
  8. ronsha

    ronsha Member

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    Thank you. I will go back to the Westpac Bank AGAIN. and tell them to deal with it.
     
  9. winston wolf

    winston wolf Well-Known Member

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    If you don't have any luck just walk away, It's not you problem. You've tried to do the right thing!
    Keep you records.
     
    ronsha likes this.

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