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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My mother passed away last week. My brother and sister have

Resolved Question:

My mother passed away last week. My brother and sister have Powers of Attorney and I have not. Relationships between me and my other siblings broke down after my mother's death and I am anxious that there has been some devious scheming going on behind the scenes regarding my mother's will. I was very close to my mother and was with her to the end. I feel very isolated and kept in the dark about funeral arrangements and the arrangements for the hearing of the will (my brother and sister are executors), especially as my mother always said that her children and grandchildren would be catered for in the will. What power do i have to access my mother's bank details so at least I know my siblings are being totally fair and adhering to my mother's wishes?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi, thanks for your question. My name is***** can assist with this.

tdlawyer :

Do you know who the executors are in the will?

Customer:

my brother and sister

tdlawyer :

Okay. Legally, they have obligations as executory to adminster the estate properly, and part of that is to ensure that you (as a beneficiary - and I assume for the moment you are, as you expected this from all said to you) are properly informed of information relevant to the administration of the estate.

Customer:

If a lawyer or impartial person is not present at the reading of the will, how can I know that my mother's wishes will be dealt with as she wishes? can I ask to see the will?

tdlawyer :

You will have the right to see the will as soon as it has gone through probate as it becomes a public document then.

tdlawyer :

You can do a search for the will here: https://www.gov.uk/wills-probate-inheritance

tdlawyer :

It gives you the detailed guidanace and forms you need to complete.

tdlawyer :

Then, as a beneficiary, you have the right to request copies of things like bank statements etc. from the executors. Technically, it's for the executors to decide whether to release these too you, but their decisions are reviewable by the Courts if needs be.

Customer:

At what stage will it go through probate? What does this mean? My mother's funeral is tomorrow.

tdlawyer :

Basically, your brother and sister will likely apply to the Probate Registry for a grant of probate, which will allow them to do things like sell the property and access bank accounts. Sometimes, with very small assets, it's not necessary to do this, although when selling property, they';; need to do it. Most people do get a grant of probate when there is something to adminster in an estate, but if it's small, say with a few pieces of furniture and no propertry, people don't always bother.

Customer:

The problem is that my sister has b

Customer:

The problem is that my sister has got power of attorney to have access to my mother's bank accounts at a time when my mother was very ill. The house has been put into my brother's name, which therefore looks as though it wont have to go through probate? Am i right in thinking this?

tdlawyer :

You're possibly right, yes, it depends on the value of other assets too.

tdlawyer :

I think you would be entitled to ask for the will if you're a beneficiary, and you should do this, and see their response.

tdlawyer :

If you're saying there may have been an illegitimate transaction in breach of the power of attorney or in breach of your brothers legal duties, then you would be entitled to apply to the Court to challenge that.

Customer:

If the will doesnt have to go through probate, when is the earliest I can view the will and how can I do this?

tdlawyer :

You can request it now.

tdlawyer :

There are no hard and fast rules - a Court would look to understand why you needed to see it etc.

Customer:

15 years ago my parents put their house in my brother's name to avoid inheritance tax later on. The intention was that when they both passed away, he would divvy out the proceeds from the house between me, him and my sister. My sister and brother have been deviously taking over my mother's life and affairs since my father dies, and I believe have had access to her bank accounts as well. What can I do, if my brother goes against the will in that the estate doesnt include the house (as it is in his name, though not his).

tdlawyer :

Okay. You really need to go and see a solicitor as this will get complicated for you. But in essence, you may be able to argue he holds the property on trust for you too, and is obliged to sell it and give you your share.

Customer:

Is this something courts deal with and is there a good rate of success?

tdlawyer :

Every case is difference, but yes, the courts can deal with this type of case.

Customer:

Thank you very much for your help. It has helped me understand the situation better and to be prepared for what I may need to do.

tdlawyer :

Good - I'm pleased I've helped you. Can I just check whether you're happy with the service today please?

Customer:

Yes, very happy thanks

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