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Thread: Validity of LPA

  1. #1

    Validity of LPA

    My father died recently and when I registered the death this morning there was a look of horror from the registrar when I asked if it would be OK to pay for copy death certificates using his account, over which an LPA is registered. Her view was that the LPA falls away on death, is this the case ?

  2. #2
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    My condolences on you dad's death.

    I'm afraid that is true. If you think about it the LPA lets you act as if you are your dad. Since your dad has passed away, you acting as him has also 'passed away' in a sense. All your dad's bank accounts get frozen until his estate is sorted out. Anyone complaining about unpaid bills has no option but to wait a bit.

    Not sure how that helps with paying for the copy death certificates though. While I remember - the one exception to this is your dad's funeral expenses. The banks should pay a bill from the undertaker.

  3. #3
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    Hello Graham and my condolences to you on the loss of your Dad.

    I have not long lost my mum so going through the same. I'm afraid the LPA does cease on death. That's not to say that you have to pay for the death certificates, I have kept my receipt and intend to submit it along with all the other bumpf to the solicitor for the probate application, so that it becomes a debt to the estate.

    The bank account should be frozen. It is correct, though, that the bank can legally pay for the funeral straight away on sight of the undertaker's invoice. Also, I believe, if there is any overpayment of state pension, for example.

    In due course, the original LPA should be returned to the Office of the Public Guardian for cancellation.
    Mary

    Daughter and former carer
    Now doing voluntary work at local Carers centre

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    Please accept my condolences

    Yes Im afraid that the LPA lapses when the person dies

    If their is a will then the executor needs to apply to the probate office and open up a special bank account

    if their is no will
    someone needs to apply for letters of administration which I think again is the probate offic but not totally sure

    look up your local probate office online
    I found ours was very helpful
    Lin

    Daughter and former carer

    If only I could have Hindsight beforehand, oh what a difference it would make .

    Odd words,mis-spelling and punctuation are most likely due to my clever phone, it seems to have its own ideas about what I am trying to say, that's my excuse and I'm sticking to it lol

  5. #5
    Thanks for the responses. My sister and I are executors and having run Dad's financial affairs for some months are fully up to date, so are intending to deal with probate ourselves but must admit I didn't realise that a new bank account would need to be opened, is his existing current account not OK ?

  6. #6
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    As part of collecting the information for probate you will need to take a copy of the death certificate in to every bank where you dad has account. You tell the bank the account(s) in question and show the certificate. The accounts then get frozen totally (nothing out OR in). I think that would also include not allowing any existing direct debits for bills if they exist - the bank can confirm that bit.

    The bank will then post you, as executor, a statement with the amount in the account at the date of death plus any interest due up to that date. That is the figure you will need for the probate forms. Depending on the bank will depend how long that letter takes to arrive! Expect weeks rather than days if MIL's banks are anything to go by.

    When you get the probate granted officially the courts then give you a bit of paper (letters of administration I think it is called) which you take back into the bank and they will then let you withdraw any money and close the account.

    The possible reason for a 'new' bank account is to collect all the money from the closed accounts so you have it all in one place and can then split it back up according to the will. You can't legally do anything with the old accounts without the letter of administration since your dad can't do it himself and the LPA doesn't apply either.

    Hubby and FIL got given a copy a Scottish document that is a nice clear guide of 'what to do after death' by the registrar when the death was registered. I will see if I can find an English equivalent.

  7. #7
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    OK I found the English equivalent to the Scottish document we got

    http://www.dwp.gov.uk/docs/dwp1027.pdf

    Hope that it helps.

 

 

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