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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11152
Experience:  30 years as a practising solicitor.
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Scots law wills we are children of deceased. We have note of

Resolved Question:

Scots law wills
we are children of deceased. We have note of the executor wrote to the banks asking them to release all funds to him before confirmation. Is there anything we shouldd do on that? The banks all wrote back and said no (there was no benifit) to the executor. We are challenging the execution and is this part of the challenge?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Sometimes a bank will release funds to an executor without confirmation. It depends on the amount held by the bank and the overall value of the estate. The bank can either decide to do so or not as the case may be. There is nothing wrong with the executor asking and the executor hasn't acted wrongly by doing so.

Customer: replied 1 year ago.
there could be something wrong is the executor is asking for all release on a will which is contested and which is written by them, so this why the question is that part of the challenge, the executor tried to have all funds before confirmation as they knew it would be contested as they made a will by themselves and asked for signature
Customer: replied 1 year ago.
the judge has already indicated that the will can be considered for capacity or coercion, we asked to the questions here so we try to make sure we have all documents
Customer: replied 1 year ago.
the notess to banks having the untrue statements in them, so we ask here how to ask banks (court order for the discovery) and we ask here if this notes to bank asking for release should could be part of challenge
Customer: replied 1 year ago.
if the banks release before confirmation and confirmation is no granted, this would cause all problems for them and for the will and etc, so why banks do it seems not right anyway, none of them did here
Customer: replied 1 year ago.
the assets in banks were asked probably so they were not put on inventory
Customer: replied 1 year ago.
you say "It depends on the amount held by the bank and the overall value of the estate." How would the banks know the overall value of any estate?
Expert:  JGM replied 1 year ago.

Irrespective of whether the bank releases funds without confirmation, if confirmation is being applied for, the bank accounts have to go on the confirmation. If the executor hasn't done this, an Eik will be needed if the banks now confirms that it needs confirmation.

Customer: replied 1 year ago.
sorry, we cannot understand the last reply. 'the ban accounts have to go on the confirmation'
Customer: replied 1 year ago.
do you mean the inventory
Expert:  JGM replied 1 year ago.

Yes, the inventory is part of the application for Confirmation.

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