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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hello my brother is executor to my mothers will. Before my

Customer Question

Hello my brother is executor to my mothers will. Before my mother died, she allowed him to tranfer her finances into an account only he has access to and did not inform me. How can I obtain information of how much money of my mother's he has handled so I know that the will is fairly distributed?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if your brother is the sole executor of your mothers will please?

Joshua :

The money you refer to as being transferred - this was not a gift by your mother based on what you say?

Customer: hi. He was sole executor. My mother had a number of bank accounts and I understand she allowed him to take her assets from her accounts for him to transfer to a new account he set up. It was under 100k I believe
Joshua :

Sorry for the delay in reverting to you. Thank you. Finally are you a residuary beneficiary in your mothers estate?

Customer: My mother told me that her will was split three ways between my brother, the youngest, me (middle) and my sister, the eldest.
Joshua :

Thank you.

Joshua :

As a beneficiary of the residue of your mothers estate you have a legal right to require your brother to produce a full estate account which details all of your mother assets including the money she transferred to him before she passed away as he will hold these monies on something called a constructive trust on behalf of your mother and latterly her estate unless he has evidence that the money was a gift which from what you say it was not.

Joshua :

Initially you can ask for a full breakdown of the estate account and if you are unsatisfied with any of the information therein you can ask for supporting evidence including copies of statements associated with any assets to satisfy yourself the correct figures have been show.

Joshua :

If your brother refuses to provide you with copies if necessary you can apply to the county court for an order as to their production together with costs against your brother but this would be very silly of your brother as he has no choice in law but to provide this information to you on request.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer: One more question and we're almost there. My dad died 5 years ago and left all money to mum. There's no property involved. Do I have any legal right to know what happened to my mothers finances up until she died (I understand her money was held in different accounts in one bank)  or at least until the time it was transferred from her account? I need to ensure the money wasn't taken from her account to be squandered or abused before her will was executed. 
Joshua :

Certainly. Do you know if any one held power of attorney for your mother?

Customer:

It might be my brother. He made a move on everything as soon as my father died

Joshua :

If you consider any of the figures relating to your mothers assets are incorrect you can ask to see accounts statements showing the balances as at your mother date of passing. If you have cause to consider abuse of your mothers finances dueing her life you can ask to see statements going back further than this if necessary applying the courts in order to do so

Joshua :

If your brother has taken monies from your mothers account he would need to prove there were gifts as the presumption is that they are loans unless he can prove otherwise. If he has and cannot prove they were gifts then they will be deducted from his share of entitlement under your mothers will.

Joshua :

Is there anything else I can help you with?

Customer:

You have been a great help Joshua. Thank you. You have helped to clarify a lot of potential issues that are troubling me at the moment which is a shame because I should be grieving my mother properly.

Customer:

If I need more help, I know where to go for quick help. Thanks again. Regards XXXXX XXXXX wishes Les Spink

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