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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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Are you able to help me with where I stand? My dad died on

Customer Question

Are you able to help me with where I stand? My dad died on 3 September. He had a joint account with a friend and at that time there was £6000 in the joint bank current account. On the 7 September the whole amount was withdrawn by his friend. There is no will. Nothing which states all the money should go to this person. Should half the money that was in the account at the date of death be part of my dad's estate? Please could you advise on this point and if half the money is due to my dad's estate, how he's to proceed ?
Many thanks for your help
Lesley
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.

What relationship was there between your Dad and this friend?

Could I ask why the money was put into a joint account?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.
This person was his lady friend, don't know exactly why a joint account.
Expert:  Aston Lawyer replied 2 years ago.

Hi Lesley,

Thanks for your reply.

The law is that a joint account automatically passes to the survivor, upon the first party's death.

I don't of course know the full history of the reasoning behind the setting up of the account, but if for example all the money was your Dad's, the fact he has put it into a joint account implies there was an element of a gift to his lady friend, as your Dad would have been advised that if he were to die first, the monies in the account would pass to his friend.

Unfortunately if a gift is made then it cannot then be retracted, and unless you have evidence to the contrary (ie the account had been set up fraudulaently or evidence can be produced to show that if your Dad did place all the money into the joint account placing the money into a joint account was not intended to be a gift to his friend), you ar enot going to be able to pursue this issue.

Therefore, without very strong evidence, it is assumed that the monies should and will pass to his friend, and to be honest, you will find it very difficult to prove otherwise.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks
Expert:  Aston Lawyer replied 2 years ago.

You're welcome, Lesley.

Kind Regards

Al