How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

My Mother passed away this week at the age of 93. I am the

Resolved Question:

My Mother passed away this week at the age of 93. I am the executor of her will and the sole beneficiary. Her death was unexpected. I have ''third party access'' to her bank account. The less than GBP50,000 contained therein is her sole asset. I know how she wants her money to be distributed, including to myself. In view of the suddenness of her passing there are a number of payments in progress including from before the date of her death. A registration of death certificate has not yet been issued. In terms of payments that need to be made and as I have control over her bank account will I be contravening probate law of any associated regulations if I make such payments? I believe that a registration of death certificate has to be sent to her bank which may cause her bank account to be frozen. Is that correct? If so what do I do about making payments that are due now? One reason for the slowness of getting all the paperwork in place is that I live in Istanbul..
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
Normally, third party mandates automatically end on the death of the account holder and in your case, your mandate will have ended on the death of your mother.
However, practically, there should not be a problem if you continue with the payments in progress as you are the sole beneficiary under her Will and the executor. You should contact the bank in due course to inform them of the death and ask them whether they require you to apply for grant of probate or if they will accept the Will which appoints you sole executor and beneficiary and allow you to access the funds without grant of probate.
Hope this helps
Customer: replied 1 year ago.

What is my situation if a more recent will is produced, will of which I am not an executor nor a beneficiary? What would the Probate Office (Government) do regarding funds paid out of the bank account subsequent to my Mother's passing. Would the executor(s) be obliged to take action to recover such funds or would that be at their discretion. Would the Probate Office take action whether or not the executor so wished? I should add that any such will would have been prepared without my knowledge...

Expert:  UKSolicitorJA replied 1 year ago.
The executor could take action against you to recover the money. The probate office would not come after you.

All the best
Customer: replied 1 year ago.

Last question then I will finish and give excellent feedback. On what basis could the executor take action? What would be the point of law? I have a will showing me as the executor and sole beneficiary and would have been acting in good faith based on that document. I would not have been aware of any other document? Would this be a claim the executor could pursue personally and if so what would be the relevant claim form--N?..Many thanks. TM

Expert:  UKSolicitorJA replied 1 year ago.
The executor may make a claim against you on the grounds that your third party access mandate expired on your mother's death and you had no basis to withdraw funds from her account after her death as that would be a matter for her estate, it is then up to you to defend the claim on the basis of the Will which you have,good faith etc and the court would have the final say.
The claim form is N1
All the best and look forward to your feedback
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions