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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In February 2011 my father asked me to be lasting power of

Customer Question

In February 2011 my father asked me to be lasting power of attorney for him but my sister was not to be added on as it was me who did all the caring for him and she had no time for him. The power of attorney did not did not become official until may 2011. My father had recently been unwell and now required extra carers to help him. He did not have a current account so i was paying carers bills at first. He then asked me to go on a joint account with him so i could access money to pay for bills whilst waiting for the power of attorney to come through.
In october 2011 he was diagonsed with terminal cancer. At that time an account matured with a large amount in it. He then said he wanted me to put this money into the joint account and was a gift for me when he died for 7 years of caring for him.
My father died last year and now my sister has started preparing the way to take me to court to claim her half of the amount.
How good a claim will she have against me
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
Did your father also leave a Will?
If so what does it say?
Claire
Customer: replied 3 years ago.

there is a will and my sister and i are executors and it is to be divided between us, and this was going ahead until my sister blocked


the probate and stated no money had to be released until she this joint account was sorted. surely this account was not part of the estate


 


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi
Did your father still have Mental Capacity in October 2011?
Claire
Customer: replied 3 years ago.

yes his mental health was excellent

Expert:  Clare replied 3 years ago.
Hi
Do you have any independent evidence that this deposit was made at your father's request?
Claire
Customer: replied 3 years ago.

no, there was nobody there . At that time he promised me he would inform my sister.


 

Expert:  Clare replied 3 years ago.
Hi
How much is involved as compared to the entire estate
Claire
Customer: replied 3 years ago.

250,000 is in he estate to be divided and 100,000 in the joint account i had with dad

Expert:  Clare replied 3 years ago.
Hi
That is a problem.
Whilst in general terms the fact that money is in a joint account means that it passes to the survivor outside of the Will, the circumstances of this case are unusual and frankly the amount involved is going to cause concern to the court some concern and I fear there could indeed be a finding that the money does indeed belong in the estate
Of course I can only give an overview - but it would be sensible to get counsels opinion prior to any proceedings being issued
Claire

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