- 20 Marks
POB-LAW-AND-PRACTICE – APRIL 2023 – L3 – Q2 – Personal Representatives and Deceased Customer Accounts
Scenario involving a deceased customer who died intestate, where the sister withdrew funds using a next of kin letter, and later the son and siblings present Letters of Administration claiming the balance, questions on personal representatives, legal documents for testate and intestate cases, and bank's position.
Question
Later Jacob Mends, Mary Mintah’s son has come together with three other siblings brandishing Letters of Administration in your face claiming that the balance should be paid to them.
(a) Who is a personal representative of a deceased customer?
(b) When a customer dies testate having appointed an Executor, what legal document would the Executor have to obtain that gives the Executor authority to administer the deceased state?
(c) In the case of (b) what if the deceased Testator failed to appoint an Executor, what legal document would the relevant persons have to obtain from the court that gives them the authority to administer the state of the deceased.
(d) Discuss the above scenario stating the bank’s position.
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