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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Concerning wills probate and executors. There are 2 executors

Customer Question

Concerning wills probate and executors.
There are 2 executors to a will. One has obtained probate and is independently drawing funds from the deceased's bank account and depositing it in their own bank account which probably has an overdraft. The other executor has not given permission or waived any rights and was not informed in advance of this. Does the executor with probate have the legal right to do this without some formal agreement with the other executor
Best regards
Michael McDonagh
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

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.

Kidn Regards

Al

Customer: replied 2 years ago.

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

Michael McDonagh

Expert:  Aston Lawyer replied 2 years ago.

Hi Michael,

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.

Kind Regards

Al

Customer: replied 2 years ago.

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

Michael McDonagh

Expert:  Aston Lawyer replied 2 years ago.

Thanks Michael.

If I have helped, I would be grateful if yo ucould rate my answer.

Kind Regards

Al