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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was named as executor, or joint executor with my father of

Resolved Question:

I was named as executor, or joint executor with my father of my mother's will. He was the sole beneficiary. and we are now estranged. My mother died on 6Dec, I know her will was not changed. He is still using her bank account based on a P of A, and has taken no action in respect of proving the will.
What will happen should he try to get probate without me?
I believe he may try to claim she died intestate, what should I do in that instance?
Should I tell the bank, and what will they do when he produces the death certificate and they see he has signed on the account subsequent to her death?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDo you have a copy of the Death Certificate?
Customer: replied 1 year ago.
Hi Clare , no I don't .Les
Expert:  Clare replied 1 year ago.
Hi
A Death Certificate is a public document and if you wish to do so you can obtain a copy and give it to the bank.
With regard to the Will he can in fact apply for Probate alone - but then you can also apply for Probate and all actions will then have to be joint.
It will be a matter of personal choice whether or not you chose to do this.
Given that your father is the only beneficiary the fact that he has continued using the account will not be taken any further and all that Will happen is that he will have to get probate in order to obtain further funds (unless the amount involved is under £15,000)
I hope that this is of assistance - please ask if you need further details
Clare
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