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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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days as my brother lay dying In a hospice his bank account

Resolved Question:

for 10 days as my brother lay dying In a hospice his bank account had £500 per day withdrawn from it ,
his wife of 11 weeks and her two adult daughters where the only ones with access to his card ,
I am the executor of his estate and his wife told me after his death she closed his account this was not joint account and I thought this part of my duties but thought no harm done as she had death certificate and marriage lines
I have since went to bank with the correct papers to conclude his estate and discovered these withdrawals ,,
I asked the bank how this was withdrawn and was told at various ATMs on route to and from the hospice there is also withdrawal after his death just prior to account closure I asked if anyone had letter of authority to his account and was told no such authority was ever asked for by my brother
And the bank says they are not liable for the loss of funds as my brother may have given permission and PIN number to his wife and her two daughters I know she will say this is the case for the sake of his own children I need to know if the police will look into this or any advice you could give would help as I'm unsure as how to handle this dilema
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Will signed?
Clare
Customer: replied 2 years ago.
In the hospice 3 days before he died a lawyer visited him and he changed it from leaving all to my brother and he had to distribute to his family ie 3 sons 1 daughter and himself now it includes the wife of 11 weeks and her 2 daughters that he didn't even know but that's not the issue , the issue is the wife made 11 visits to the ATMs taking £500 per day as my brother lay dying and had no letter of authority she even took £500 the day after he died and then closed the account and when the brother went to bank to give instructions for the money to go into the estate he discovered the discrepancy the bank said they are not responsible as the card was not reported as stolen , but my dying brother would not have known this was happening do we just put it down to the fact the woman is a moral bankrupt or is there a legal route to take this
Thanks K
Expert:  Clare replied 2 years ago.
Hi
I am afraid that she will simply say that her husband wanted her to do this so that she had the money and you have no way of proving otherwise.
I am sorry - I know that this is not what you wished to hear - but at least your brother did make a Will to avoid his wife inheriting everything.
Please ask if you need further details
Clare
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