How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

My mother recently died and left three bank accounts to me

Customer Question

My mother recently died and left three bank accounts to me in a self wil,one was a joint savings account with my father who confirmed with the bank that i have sole control over the account that is now in both our names.I withdrew 13.000, from the savings account as my mother had always asked that i was to do this with her half of the savings to be shared between her children upon her death. Unfortunately she did not put it in writing. The benefits office have now stopped my fathers housing and poll tax benefit saying I need written evidence that My mother had stated this gift aid if not the whole account money was assesed as being Dads and taking him over savings allowance to claim benefit. Is there anythink I can do to rectify this and does her will stating she left these to me not mean anythink
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat was the wording of the gift to you in the Will?
Customer: replied 1 year ago.
i give an bequeath unto my daughter 3 bank accounts
savings account 12133811
isa account10041634
current account10066882
Expert:  Clare replied 1 year ago.
Where did the money in the joint accounts come from?Who drafted the Will?
Customer: replied 1 year ago.
the money in joint account savings was mainly both there weekly pension credits and my fathers monthly attendance allowance before mum died the total was 26,773.00 so i took out 13,000.
Expert:  Clare replied 1 year ago.
Who drew up the Will?I will not be able to call tonight - but can do so tomorrow if we are not able to resolve the matter this evening
Customer: replied 1 year ago.
also my mothers monthly attendance allowance was in the account
Customer: replied 1 year ago.
mum drafted the will and had it witnessed on a bought last will and testament
Customer: replied 1 year ago.
are you still there Clare?
Customer: replied 1 year ago.
im afraid im going to have to terminate this conversation as unsure why not receiving a reply. I hope I will not be charged as we have been unable to continue with the advice
Expert:  Clare replied 1 year ago.
Why did the Will not leave the monies to all her children?
Customer: replied 1 year ago.
My mother always trusted me with her finances and as she was unsure as to how much she would have in savings she just always told me too split the money evenly between us
Expert:  Clare replied 1 year ago.
Hi
Thank you for that
I do not have good news I am afraid as you do face a problem.
Monies that are in a Joint Bank account reverts to the surviving owner outside of any Will or Intestacy.
Accordingly the monies in the account would have belonged to your father which is why his benefits have been stopped.
You can certainly try and argue that the Will overrides this and is evidence that your mother did not intend that the monies should be joint monies at all but the circumstances that you describe makes it unlikely that the Local Authority will agree I am afraid
i am sorry to give such bad news - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks Claire could you tell me if I produced the will they would not include the other two accounts in mums sole name that she left to me or would they include them as also being dads money as well
Expert:  Clare replied 1 year ago.
Hi
The accounts that are held in her sole name pass under the Will so no they cannot be included in your father's assets
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice