# Executor of a will for a relation: CU wont release funds for funeral expences.



## fernrock (1 May 2014)

I am executor of a will for a relation who died recently.
All this persons savings are in a credit union.
As the person was over 70 years when joining -the death benefit does not apply.
Are the credit union right in refusing to release funds to either myself or, my solicitor to pay funeral and final nursing home bills.
I do believe banks have this facility.


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## WizardDr (2 May 2014)

Your relatives amount may be outside the €15k limit. [But here again is a denial of a simple gesture because the Board or Manager are acting dumb because of the Central Banks totally absurd policies. Elderfield the hero came from a jurisdiction where the biggest CU is merely €50m in assets (Glasgow Credit Union is UKs biggest.) What does this tell you is happening?]

23.—  (1) If a member of a credit union dies and, at his death, his property in the credit union (whether in savings, loans, insurance or otherwise)—
(a) does not in the whole exceed the maximum relevant for the purposes of this section, and
(b) is not the subject of a nomination under section 21, the board of directors may, without letters of administration or probate of any will, distribute that property among such persons as appears to the board (on such evidence as they consider satisfactory) to be entitled by law to receive it.
     (2) The maximum referred to in subsection (1) (a) is €15,000  or such greater amount as may be prescribed.


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## fernrock (2 May 2014)

My relative has in excess of €50,000 , €23,000 of which is nominated, but, none of the nominees are responsible for the bills. The balance of the savings are subject to probate so, I assumed that the funeral bill could be paid from this amount.


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## Wallpaper (2 May 2014)

The credit union should release €23,000 to the nominee and the remainder must go to probate.  You should contact the solicitor dealing with the probate with regards to the funeral bill.


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## fernrock (4 May 2014)

They are willing to release the €23,000 but, my problem is, none of the nominees are liable for the exes, while I as executor am. I should not have to approach each nominee for a contribution towards exes., assuming they are willing to donate. As things stand the nominees of the credit union payout may not be beneficiaries of the will.
This CU payout is exclusive of the probate will from which funeral exes may be paid.
This is where the system fails, In theory there could be 23 nominees!!!.


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## Crugers (4 May 2014)

fernrock said:


> They are willing to release the €23,000


The Credit Union shouldn't "be willing" to do this they should have done this as soon as they had a death cert! They have had an original death cert haven't they?

As for the sums above the nominated amount, the Credit Union know that they are going to release the funds at some stage to the Estate of the deceased.
Have you asked them to whom and when?

Have you satisfactorily identified yourself as the Executor and/or the Solicitor as the Executors / Estate's representative?

Can't see why they wouldn't write a cheque asap payable to "*The Estate of XXX XXX Deceased*.".

I wouldn't worry about the funeral and nursing home. They must be aware of how matters can grind along slowly! They might not like or appreciate if but they do have to accept it!
HTH


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## fernrock (4 May 2014)

Crugers said:


> The Credit Union shouldn't "be willing" to do this they should have done this as soon as they had a death cert! They have had an original death cert haven't they?
> HTH



Yes,they have a cert and  are releasing it but, my problem is that while a bank will release funds for a funeral , a credit union will not.
I believe the 23,000 is irrelevant as it can, and is, in this case being nominated to persons not  liable for bills.


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## Crugers (4 May 2014)

fernrock said:


> Yes,they have a cert and  are releasing it but, my problem is that while a bank will release funds for a funeral , a credit union will not.
> I believe the 23,000 is irrelevant as it can, and is, in this case being nominated to persons  liable for bills.



Yes, you are correct - the nominated funds (€23k) are not particularly relevant to you as Executor and to the issue(s) you have. It is also irrelevant what is common practice in a bank - you are not dealing with a bank!

The Credit Union have €27k+ that is due to the Estate of your deceased relative.



fernrock said:


> Are the credit union right in refusing to release funds to either myself  or, my solicitor to pay funeral and final nursing home bills.


 Possibly -yes!
The reason I can think of is that you are trying to "operate" the account i.e. make some withdrawals, payable to some creditors. You can't do that! The account is "closed" but the closing balance (€50k+) has yet to be distributed some to the nominee(s) and the remainder to the Estate. Concentrate on getting *all the funds* due to the Estate (€27k+), then you can do you duty as Executor and pay whatever bill are necessary!
HTH


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## Thirsty (4 Jul 2014)

Just a thought, but the banks don't 'release' funds as such to the executor to pay funeral expenses. What they will do is directly settle an invoice from the funeral directors, using funds from the deceaseds account.  Would the CU be willing to do the same?


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