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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I have Guardianship for my 84 year old sister. What happens

Resolved Question:

I have Guardianship for my 84 year old sister. What happens to any money that is left if she dies? I and my 86 year old older sister are her only relatives. My older sister insists that I should have everything as I look after her, and although Jeannie has incapacity and was not allowed to write a will - hence guardianship, she also wants anything to come to me but What is the law regarding this?

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The law of intestacy says that you and your sister would inherit her estate equally. However, if your sister wants you to have everything she can decline her share of the estate in your favour by what is called a Deed of Family Arrangement.

The solicitor engaged to wind up the estate would be able to deal with this.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you for that. What is the procedure if my sister dies? Do I leave the money in her account which I control or do I transfer it to my account to share with my sister if she chooses? I just want to be prepared as she is quite unwell at the moment.

Expert:  JGM replied 3 years ago.
The account will be frozen on her death. Depending on the amount will depend on what you do. How much is it?
Customer: replied 3 years ago.
It is currently around £16000.
Expert:  JGM replied 3 years ago.
Technically a guardian can't operate the bank account after the death of the person concerned and you would ask the bank for an executors withdrawal and indemnity form given that the amount is less than what most banks would require an executor to apply for Confirmation.

The alternative is that you close the account and transfer it before your sister's death so as to ensure there is nothing in the account at that time.
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