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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
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My mother and I had a joint bank account for nearly 10 years

Resolved Question:

My mother and I had a joint bank account for nearly 10 years Mum's money was paid into it and due to her sight failing I paid her bills got food etc., Mum has now died and one of my brother's as executor has told me I have to transfer all the remaining money to the executor account, as this forms part of her estate, for the account to be closed and for me to give a detail of every item spent out over the last 2 years can he do this?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

Is this money hers or yours? Where did it come from?

Is there any problem with what was spent?
Customer: replied 2 years ago.

The money was hers in the main and the problem seems to be that my brother who rarely saw her is questioning her lifestyle and thinks she should have had more money left when she dies. She was not some litle old lady who never went out and drank tea all day. Also at the bank they advised me that the money automatically reverts to the other name on the joint account and does not form part of her estate

Expert:  Jo C. replied 2 years ago.

Although the bank account may be in joint names, that only equates to the legal title of the money.

The money in the account belongs to whoever "owned it" when it went into the account.

If for example all the money was your mother is from her pensions and benefits et cetera then it is part of her estate.

If however some of the money was yours, that money belongs to you.

This is where the situation becomes difficult.

If all the money was your mother's then that money belongs to the estate and should be passed over to your brother as executor of the estate.

If however you had money in the account as well which it seems that you did then becomes what is known as "mixed money" because it is not possible to identify which money is yours and which money belonged to your mother.
In that case, it does not get passed over and if you do not willingly volunteer it, he will have to take you to court and the court will have to decide whose money this is.
It is not unreasonable for you to let him have bank statements going back a couple of years.
It is completely unreasonable of him to want details of all the expenditure going back all that time unless there are any abnormal items which would flag up as being unusual.

It's also not unreasonable for him to query any amounts of money which may have been payable to you or in respect of things for you.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
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