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Ask ExperiencedLawyer Your Own Question
ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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Im estranged from my childs paternal family due,to,domestic

Customer Question

I'm estranged from my child's paternal family due,to,domestic violence and,child abuse,on,my ex partner ( child's,fathers side ) my,ex s father has died and has left money in a,bank account,he,named by daughter on . However the,bank has told,me,that as my daughter is under 18 a cheque will be sent in my daughter's name to the executer of the will , my ex sister in law , firstly she does nt know,our address to send the cheque on and obviously can't and secondly I know she would,nt,pass,it on anyway . How can,I ensure my daughter gets what her grandfather wanted her to
Submitted: 4 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 4 years ago.

My name is Mac. I will be able to help you with your question. First I need a bit more information:

- how old is your daughter?
- does she have any contact with the paternal side of the family?
- do you have the address for the sister-in-law?
- do you know the amount that is due to your daughter?

Expert:  ExperiencedLawyer replied 4 years ago.

I would really like to help you but, in order to do so, I need at least some of the further information I have asked for. I am confident that I could increase your knowledge of your options in this difficult situation.

If you would still like some help with your question, then please just give me a little more detail on the areas that I have asked about.

Kind regards,
Customer: replied 4 years ago.
hi , my daughter is 6 , no she has no contact with his family , her father died last year whilst serving a 18 year sentence for abusing my children , I do have my ex sister in laws address. ( it was on the ex father in laws death certificate ) . I don't know how much is in the account , it's more the principle of the matter and so at a later date I can tell my daughter grandad never forgot her !
Expert:  ExperiencedLawyer replied 4 years ago.
Your sister-in-law has a duty as an executor to act for the benefit of beneficiaries. If there is a bequest to your daughter, then the sister-in-law cannot just do something else with the money - that would be likely to be subject to criminal as well as civil action.

I suggest you write to the sister-in-law asking her to send to you, for the benefit of your daughter:
- the cheque when it arrives
- a copy of the will.
Your daughter is entitled to both.

If she won't supply a copy of the will, then it is possible to obtain it from the probate registry, which will be where the granddad died.

If it is not obvious from the will how much your daughter is entitled to, then you could also ask for a copy of the relevant part of the estate accounts.

I would expect that the sister-in-law will ultimately comply with your requests, or at least certainly forward the cheque onto you (for your daughter) as otherwise she is risking civil and criminal sanction.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Expert:  ExperiencedLawyer replied 4 years ago.

If I can give you any more clarification, please let me know. Otherwise, I would be very grateful you could rate an answer, (as it's the only way we get paid - sorry to ask). If you don't rate it, then the website company will simply retain the deposit itself.