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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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My late mother left a will and appointed myself and 2

Resolved Question:

My late mother left a will and appointed myself and 2 sisters joint executors, my eldest sister wanted to take this role on her own and requested I sign the responsibility over to her which I did. On completion of the final accounts it is apparent that mums bank accounts are far more depleted than would've expected ( my sister took control of mums finances in the 18months prior to her death ) I suspect my sister has been using mums bank account prior to her death for her own financial gain. Am I legally entitled to ask for copies of mums bank account for the previous 2 yrs.
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Is your sister refusing to let you see these bank accounts?

Have you reported this to the police? Would you be willing to do so?

Customer: replied 11 months ago.
My sister has no contact with me and so all communication is done through the solicitor ( she also works at the solicitor dealing with mums estate ) I haven't requested the bank statements yet as I was unsure whether I was legally able to do this. My sister is very unwilling to comply to anything, for example she refused to let me have keys to mums house until I requested that the solicitor instructed her to do so. She seems unwilling to disclose anything unless she had to by law. I wanted to know where I stood legally with requesting them, whether she had to release them or not.
Expert:  F E Smith replied 11 months ago.

You can always ask for the bank statements, but an executor is not under any duty to provide them either to a beneficiary or anyone else. You can always apply to court for a court order for pre-action disclosure if she is unwilling to let you have them. In circumstances like this, my advice to an executor would be to be as open and transparent as possible to prevent suspicion that something untoward has gone on.

If you think something untoward has gone on, I suggest that you write to the solicitor dealing with this and share your concerns because if some money has gone astray, the solicitor will want to know about it. He won’t want staff who have spirited money away or appear to have done.

Can I clarify anything else for you?

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Best wishes.

FES

Customer: replied 11 months ago.
Thank you, ***** ***** my position
***** *****
Expert:  F E Smith replied 11 months ago.

I am pleased to have assisted. Best wishes.

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