Ask a Law Question, Get an Answer ASAP!
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Executors have to work together, and therefore if one Executor acts alone, he is breaching his role if he is carrying out these transactions without the other Executor's consent.
Furthermore, the Executors should have notified the appropriate Bank of the deceased's death, by letting them have a copy of the death certificate, and at which point the Bank would then freeze the account, meaning the Executors nor any other third party is entitled to withdraw money, until the account is formally closed by the Executors.
I hope this asissts and sets out the legal position.
Thank you for the reply. However, you did not mention the issue of probate which one executor has and this probate was used to open the bank account which the bank allowed because of the probate. In essence does having probate allow the executor to act independently without the other executors permission
Thanks for your reply, and apologies.
If 2 Executors are appointed in a Will, there are only 2 ways in which one Executor alone can obtain Probate-
1. the other Executor has "renounced" their position (ie given up their position) or
2. the other Executor has "had power reserved", meaning that they have authorised the other Executor to apply for Probate on their own, but reserve the power to step in and apply for Probat ethemselves at a later date.
Couuld you clarify therefore, how one of the Executors has obtianed Probate alone? If it is due to one of the above scenarios, the Executor with Probate has power to deal with the account, but of course he should be acting in a correct and proper manner.
OK Thanks, ***** ***** question is fully answered, I am not sure how the permission to obtain probate was obtained I will find out
Best regards ***** ***** again
If I have helped, I would be grateful if yo ucould rate my answer.