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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6659
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My dads sister was in control of their mothers money she deposited

Resolved Question:

My dads sister was in control of their mothers money she deposited all the cash from her mothers weekly income into her own bank account years ago she declared there was over 30k 7 years later his mother died she claimed there to be 25k only. We know defiantly that in those 7 years the money was added to and his mother spent no money. There was also an insurance policy that she has failed to say how much it was and has banked the cheque for. The was a will to say the money to be divided equally between the two of them, however we believe there to be a lot more money than she has declared how can we find out just how much money was left in total and how to get his half share. this was 2 years ago and his sister still hasn't given him half of what she has declared as she has it in a high interest account.
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.
Whether the sister had a Power of Attorney or was simply looking after the money of the mother a trust existed and she should have only used the money for the mother's benefit.
The way to find out what happened to the money is to threaten legal proceedings if she does not provide copies of the accounts over the period so your father can see what happened.
If she refuses or ignores the request an application to court can be made either against the sister or direct against the bank, if you know which one, for copies of the accounts.
As executor of the Will she has a duty to wind up the estate quickly and efficiently. An asset can only be retained if the Will either allows it to be or if all the beneficiaries agree. This usually applies to property if, say, there has been a blip in the market but property prices are expected to rise again soon. This would not, in my view, apply to money that is just in a high interest account.
I hope this helps. If there are any further points please reply
Best wishes
Michael
Customer: replied 2 years ago.
The will was hand written and she was not authorised to have power of Attorney but she was in control of depositing all her Mothers money. When their Mother died she declared a figure and provided no proof of the amounts in the accounts and didnt declare the amount from the insurance company either.There was also not as far as we know an executor of the will. His sister took control of the money and the figures don't add up.
Expert:  Michael Holly replied 2 years ago.
Hi Gail
As I stated, even if she had no "official" authority for taking control, she did so. That still creates a trust and she was not and is not able to use the mother's money in a way that the mother did not authorise.
Best wishes
Michael
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6659
Experience: I have 20 years of experience as a solicitor in litigation and other areas
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