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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33537
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My question is to do with my fathers will. In order

Resolved Question:

Hello my question is to do with my fathers will. In order for me to be able to access my late fathers bank statements the bank require a letter from a solicitor direct requesting for this information. Unfortunately matters have got to the point where both brothers are claiming they can not locate my fathers will. As well as I know my father he would have prepared a will. Myself and my sister are not in a position to ask them directly as we know they will deny all knowledge of any paperwork . The reason we need to obtain bank details is so that we can see if any movement has taken place on my fathers account without his consent.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** i am sorry for your lossI shall do my best to help you but I need some further information firstWhen did your father die and what is the extent of his estate?
Customer: replied 1 year ago.
Hello Clare,
My father passed away on 9/2/15, as for what my dad I have no idea. He didn't have any properties on his name. Because they can't find the original will both brothers have applied to be administrators . The reason both myself and my sister are querying this is, my father had a conversation about five years ago , telling me that he is at the solicitors sorting some paperwork out and he wanted to know that after my divorce was I going to change my name back to my maiden name. Unless I phone through every solicitor in the area it will be impossible to find out if a will has been filled anywhere. My father was a very well organised gentleman , he would definitely have at least kept a copy with his birth certificate , passports etc or any insurance policies etc. Is there a way to trace the will, I have been on the gov.uk site to see if probate granted but no records found. Hence the reason why I thought that if my fathers bank records show anything this may help. Alarm bells have also rang because both the brothers have just purchased brand new cars , it's just a coincidence . Just feel as if there is a great deal being hidden from us, but due to not having any solid evidence we can not take any action .
Expert:  Clare replied 1 year ago.
Hi
Have they actually applied for Letters of Administration?
Clare
Customer: replied 1 year ago.
This is what a third party (ie relative ) has told us but there is no proof of this. That's why myself and my sister are in a dilemma as to what or how we can go about this. Getting access to my fathers bank statements may be a start . I know this sounds very petty but they are not the easiest siblings to communicate with . Again from a relative one of the brothers have said there's not much left in the estate anyway. How would they possibly know this ????
Expert:  Clare replied 1 year ago.
Yes I can see the problems.So your father did not won a property - where was he living at the time of his death?
Customer: replied 1 year ago.
Hi Clare,
No my father did not own a property , he lived with my eldest brother and his family . My father became bed bound so he was not able to do his own banking , the daughter in law had access to my dads bank card. Dad has insurance policies etc and savings . My father always knew that the sons would be after his money after he died that's why making a will was something my done did as a priority . When it came to keeping everything ion order with the financial side my father was always on top of things. The last year or so before he died dad had no idea where or what his money was used for or what the balance was. My father helped me occasionally with money . Being a single parent and with a child with special needs my dad knew it was a struggle for me. One of the family members told dad to stop helping me and his money is needed for his care. Also my dad mentioned to my sister about a year ago that he will favour me in his will as he knows it will help me in the future with the care of my son. That's why so many questions are going around in our head
Expert:  Clare replied 1 year ago.
I am afraid that the only people who are entitled to copies of the Bank Statements are the Executors of a Will or the Administrators of an Estate where there is an Intestacy.I am afraid that your only option is indeed to call every solicitor in the area, or to tell your brothers that you intend to apply for Letters of Administration yourself unless they explain what the current position is.I am sorry not to give you better news - please ask if you need further detailsClare
Customer: replied 1 year ago.
My fathers bank have said as long as the request is from a solicitor they will not give out any information. As long as the letter is done through a solicitor that's fine , they are already holding my details copy if passport , my birth certificate , proof of address and copy of my fathers death certificate . I am not requesting for my fathers estate to be released I am requesting for copies of his statements, so that if I need to take this matter further I have the correct information in front of me , then I can ask questions if need be
Expert:  Clare replied 1 year ago.
Unfortunately that would be on the basis that the solicitor was telling them that you are intending to apply for Letters of Administration - for which you would need the Statements
Clare, Solicitor
Category: Law
Satisfied Customers: 33537
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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