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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34134
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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

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