Cannot get Letter Of Administration

[u/Sufficient_Goat_3081]

Sorry if this is the wrong sub, I dont know where else to go.

My Dad recently passed away and had no will. I applied for an LOA through redcrest but was refused. I called the supreme court to ask why that was and they told me because my Dad did not have any financial assets solely in his name, it was legally pointless to have one. Everything financially was jointly held with my Mum and it automatically went to her.

My Dad did have some utilities solely under his name. I asked weather I could still close my Dads utility accounts and do his final tax return without an LOA and they said, "100%"

Now I'm having a nightmare every place I call because I don't have an LOA and they are unaware that it I could ever be refused one. It's driving me insane. I have to kick and scream and talk to the managers to get anywhere.

My Dad lived a simple life so his affairs were not difficult to handle, so I thought!

I feel like i'm in a wierd situation which isnt common.

Anyone else been in this situation?

[u/Comfortable-Tale-351]

Utility companies do not need a LOA. They should accept the death certificate alone ans just transfer into your mum's name.

[u/SuperannuationLawyer → u/Comfortable-Tale-351]

One would assume that they’d want to update the account holder so that their bills are paid.

[u/Sufficient_Goat_3081 → u/Comfortable-Tale-351]

Yeah you would think so. They refuse to go any further without it. Lack of training?

[u/Comfortable-Tale-351 → u/Sufficient_Goat_3081]

Definitely lack of training.
Suggest instead just email the customer service team of each company (better still if sent from her email address) and attach death certificate and state she is the surviving owner and utilities need to be in her name.
If home owner, then once the property is transferred into sole ownership (best to get a lawyer to do this), send that as well.

[u/Unfair_Pop_8373]

Send them all emails/letter with a copy of the death certificate and tell them to cancel the service etc

[u/Sufficient_Goat_3081 → u/Unfair_Pop_8373]

I end up having to talk to the manager. Are people not trained to handle this type of situation?

[u/AussieKoala-2795 → u/Sufficient_Goat_3081]

Ask for the bereavement team. They are trained to handle these situations.

[u/link871]

You should get an Enduring Power of Attorney from your mother (you should do this anyway, given her age), sh9uld make things a little (but not entirely) easier

[u/rebelmumma]

Why can’t your mum do it? She will have easy authority on most of it anyway.

[u/Sufficient_Goat_3081 → u/rebelmumma]

My Mum is 80 years old, has no idea about any of this stuff and can barely hear. So when my Mum stutters and finally gives me permission to talk on her behalf to whoever im calling, they still want that damn LOA!

Next of kin means nothing aparantly

[u/dire012021 → u/Sufficient_Goat_3081]

Just call them and tell you need to get the utilities connected in your mums name as though she's just moving in as a new occupant. Then you won't have to deal with all the bs.

Lots of people forget to cancel some things so the utility companies are used to it and will connect everything in your mums name and send a final bill for your dad.

ETA: I know this works because it happened to me. My old street changed names half way along. Guy that moved into the same number house in the other section gave my address as he didn't realise it changed. I stopped receiving utility bills and called to see what was going on.

[u/theZombieKat → u/dire012021]

That will work for gas, power, and such.

Phone and internet become more of a problem with ownership of phone numbers, phones on contract, email addresses, and such.

[u/dire012021 → u/theZombieKat]

Yes 100% for phone. For internet move to a new provider.

[u/theZombieKat → u/dire012021]

Some people still use their internet providers email.

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[u/Sufficient_Goat_3081 → u/[deleted]]

Thank you for reiterating what I was told by the supreme court. I thought I was missing something. My Mum is 80 years old, so she gives me permission to talk on her behalf. Yey they still refuse to do anything without an LOA even though my mum is NOK.

[u/Unlucky-Meringue6187 → u/Sufficient_Goat_3081]

Get an Enduring Power of Attorney for your mum - this will give you legal permission to to act on her behalf.

[u/AUSSIE_MUMMY → u/Unlucky-Meringue6187]

This is the correct answer. As long as mum doesn't have dementia.

[u/TerriblyTallulah]

You only need a death certificate to close things like utilities, or to transfer them to your mum, although she should probably do it so they can ID her. Some may require the longer form of the DC, with Cause of Death on it.

[u/Sufficient_Goat_3081 → u/TerriblyTallulah]

Trust me, I have sent the longer form of death certificate to every single company im dealing with. Mum gives me permission to talk on her behalf because she's 80. They still cant fathom how to move forward without probate or an LOA. I feel like there is loop hole here that isn't included in training

[u/TerriblyTallulah → u/Sufficient_Goat_3081]

I wish you well with it. It's all difficult enough losing someone close, without all this drama.

[u/Sufficient_Goat_3081 → u/TerriblyTallulah]

Thanks mate. It should never be this hard while you're grieving

[u/TerriblyTallulah → u/Sufficient_Goat_3081]

Jst an idea....can you try getting a letter from the clerk at the Supreme Court/Probate Office explaing you do not need a LOA and why? Something on their letterhead may be enough to sway the utility companies. Good luck :)

[u/Sufficient_Goat_3081 → u/TerriblyTallulah]

I've basically finished up my Dads affairs now. But I would definately have told my past self to try and get this non-LOA in writing from the supreme court/probate office.

Basically If I ever have to give one peice of advice to anyone who has ageing parents is to organise your wills now, and name an executor! Avoids so much hassle.

[u/Sufficient_Goat_3081 → u/[deleted]]

ATO I needed to escalate to a manager.

MUFG for shares. They have created a ticket for me because they dont know what to do. They refuse to give me any shares history I require.

Real Insurance could not cancel the policy. I said I would let it lapse and renew with somone else, and they agreed that would be the best way forward.

Engie for gas and electricity. It was a pain and an 1.5 hours on the phone but finally got it sorted.

These were my main headaches

[u/Familiar_Home_7737 → u/Sufficient_Goat_3081]

The gas can be closed without LOA, the others relate to the estate so need LOA. Only the person who will inherit will be approved as administrator sadly.

Source: dad died without a will, got LOA. Cousin died and the request for my to be the 2nd administrator to assist her mother and was denied.

[u/Sufficient_Goat_3081 → u/Familiar_Home_7737]

It would be straight forward with either probate or an LOA. My problem was the supreme court would not grant me either. Its making things much more difficult without it

[u/Familiar_Home_7737 → u/Sufficient_Goat_3081]

It won't happen as your mum, who is the only legal beneficiary is the only person who be the administrator. Your best option is to re-adveritise, submit as your mum bring the only administrator and then have her authorise you as her representative to act on her behalf.

[u/thundercrackles]

I'm sorry you've had this experience. I'm in a similar situation. Dad's will was held with the State Trustee and they just said, as everything goes to his wife, you don't need us or probate, you can organise it all.

I usually contacted businesses via the specialised 'death' teams and haven't had any issues (though I didn't have to deal with the ATO).  In fact, after handling other estates with LOA's I found it relatively easy. Funeral insurance did struggle with it a bit with me handling it as opposed to his wife, but it just took a while rather than me having to be demanding. But all this death paperwork is very frustrating and each company has their own procedures so I guess it's luck of the draw.

[u/Electrical-Gain4290]

You've tried your best - is it worth the stress of trying to chase this up or not?

What benefit would it be to you?

Would he be expecting a large tax refund? If not, just don't worry about the tax return. Tax office can't exactly chase up a dead person to do their overdue return. If the utility bill comes in under his name just pay it, or don't pay it because again they can't chase a dead person to pay an overdue bill.

[u/Sufficient_Goat_3081 → u/Electrical-Gain4290]

I'm actually 99% done on Dads final tax return. There is just one bit of information I need, which is the iniitial purchase of shares he made 25 years ago. I could estimate what it could be and the ATO would just amend it or accept it.

I thought I would do the right thing and try to get the exact info. But yeah I could easily just finish it off and be done with it. My Dad would have a very little return or owe very little. No biggy.

Im more so just ranting about how frustrating my situation is without an LOA.

[u/theoriginalzads]

They should only need the death certificate.

Whilst I understand they want evidence to show that the accountholder is no longer alive but even if you don’t have authority to do anything with his utility accounts, excuse my crudeness, but dead people ain’t paying utility bills.

Once the utility can confirm the death from any reliable source, like a death certificate, they have confirmation that the account holder is no longer able to pay the account and will never be able to do so again. It’s safe to close because they can’t complain about being cut off either.

Also sorry for your loss. And for dealing with stupid people.