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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33941
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father died recently some 6 years following my mother's

Customer Question

My father died recently some 6 years following my mother's death. It was their wish that their estate bypass their offspring, which includes me and 2 younger sisters and that it should be shared equally between our children. This is clearly stated in their wills. It has come to light following discussions with the executor of the estate that my younger sister (a former bank manager) persuaded my father to change his bank account to a joint account with her in which he deposited all his liquid cash (over £30k), allegedly to make dealing with his finances easier to deal with due to his decreasing mobility. When the executor discovered where the funds had gone, she requested their return to the estate as she felt that my fathers intention would have been for these funds to form part of the estate but my sister has refused stating that as the surviving party to a joint account she has every right to keep the funds. Are there grounds for pursuing her to return these monies?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Did all the funds in the account come from your father?
Clare
Customer: replied 1 year ago.

Yes they did. My sister claims that following a review of our father's income and expenditure it was necessary for him to sell his holding of £30k in Premium Savings bonds to supplement his pension and disability payments.

Expert:  Clare replied 1 year ago.
Hi
Then the Executors can seek a declaration that the funds were held jointly but belonged to your father alone - and any such applictaion is likely to be successful.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Can she claim that it was my father's intention that she keep the funds?

Expert:  Clare replied 1 year ago.
Hi
She can claim that - but she will need evidence of that
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33941
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you.

Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
Clare

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