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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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Does an executor of a will have to review past bank account

Resolved Question:

Does an executor of a will have to review past bank account activity when the deceased person's finances have been dealt with under Power of Attorney. My brother (executor of my mother's will) is emailing about misappropriation to all and sundry. My sister and I had joint PoA. There has definitely been no misuse of accounts. I understood that probate simply worked on the balance of accounts on death. There are no other assets.
Any guidance you can give will be sooooo appreciated.
Jane Fraser
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
As a Power of Attorney you are a fiduciary, that means you are in a special position of trust and power. In that circumstance your obligation is not to act in conflict with your position and not to unjustly profit from it. As a fiduciary generally it is about doing what is equitable and just. If you have some how mismanaged the account but with best intentions and no dishonest or profiteering then there is really nothing can be held against.
What exactly is the nature of his allegations and what is he demanding from you?
Kind regards
AJ
Customer: replied 2 years ago.

Thank you AJ. You have confirmed what I was thinking to a degree.

Could you tell me whether, on the strength only of a Death Certificate and identification of himself, Lloyds Bank would release statement dating from 2011 when the PoA came into effect.?

I was susre that the bank would only provide a final figure of the balance at least until Probate was granted..

Nothing is being demanded at the moment but he has a history of malicious rumour spreading.

I hope you can advise me on this point.

Best wishes

Jane Fraser

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Technically he is the executor and therefore a personal representative - he can request all the bank statements and if the bank agrees to disclose them he is entitled to them. I would be surprised if the bank had statements going back more than 3 year readily available. You are correct he will only be able to get this information when he has been granted the right to deal with her estate.
He should not be making accusations of this nature anyway as they are highly defamatory and he is seemingly doing it without evidence.
Kind regards
AJ
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