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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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I recently received a cheque from my father who is 88 the cheque

Customer Question

I recently received a cheque from my father who is 88 the cheque is from a joint account between him and my sister. I am not told what is happening regarding my father. My sister has had control of my fathers funds unregistered for some time. Both she and her husband are executives of his will. Since my mother died in 2001 she has done what she can to exclude me from the family. Even going as far as to turn my daughter who has Bipolar against me. I don't want to upset my father and cause a bad situation for him. My sister teases me and says he has money coming out of his ears. and that he pays £100 a day to have someone sit with him, but he doesn't know it he thinks they are nice people who come and talk to him. My daughter says she hates me and to leave her Aunty Jenny alone any contact I make with my sister goes to my daughter, who has enough to deal with. Can I deal with my sister and my dads money after he as died?
Submitted: 4 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 4 years ago.

My name is Mac. I can help you with your question.

1. What is your relationship like with your father?

2. On what authority does your sister operate your father's finances? Does she have a power of attorney (if you know)?

3. Do you know if your father has a will?

4. What is his health like?

Customer: replied 4 years ago.

I talk to my father once a week over the phone he lives at my sisters house. He does not ring me as he has no phone of his own. We exchange birthday and Christmas presents. My sister organizes presents for everyone for him but not my children or grand children. She has had control of his money since my mother died in 2001. Her son in law has put a lot of his money into shares in approx. 2004. My father tells me my sister deals with all his fiancés. Last time I checked she had not applied for power of eterny last summer she and her husband are executors of his will. I don't know what she has made him sign regarding his fiancés. I am left out of family functions talks a etc



I think he does have a will. I can't I check. He is having a stomach scan this morning. He has a lot of minor problems but I am not told by anyone else. I found out this morning when I rang him. He is in an out of hospital but again I don't get told till he tells me after.

Expert:  ExperiencedLawyer replied 4 years ago.

There are two situations: now, while your father is alive; and after his death.

While your father is alive, your sister is only entitled to deal with his finances if she has a power of attorney, or a court order giving her authority. Of course, that does not apply to accounts that she holds jointly with him, as she has those in her name as well. You should ask whether she has power of attorney. If she refuses to tell or show you, you could ask the court for assistance. (Of course, you may choose not to do that, because of thee family dynamics, but that is the legal situation).

In the event of your father's death, the disposal of his estate will be governed by his will (assuming he has one). The only basis on which his will could be challenged (unless the paperwork was done incorrectly) is if he didn't have sufficient mental capacity at the time the will was executed. You do not have a right to see the will now during his lifetime, but you would be able to see a copy after his death. Even if your sister is the executor of the will, she will owe a duty of care to call of the beneficiaries to act fairly to ensure that the beneficiaries each get what they are entitled to, regardless of her own views. If she did not act fairly, she could be sued, and would personally owe in respect of any wrongly assigned money. If you don't think that she is acting properly as executor then, you can ask for the court's assistance.

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.

Customer: replied 4 years ago.

what happens to any money in the joint account should my father die

Expert:  ExperiencedLawyer replied 4 years ago.

Money in a joint account owned between your father and sister will automatically be long to her on his death, and not pass through his estate.

Customer: replied 4 years ago.

Will the bank be obliged to give me details of this account.

If my father needs my sister to have an unregistered power of attorney and has done so for the past five years and have complete control of his money how can he possibly fill in necessary details to open an account. Would the bank be liable here?

Expert:  ExperiencedLawyer replied 4 years ago.

Hello again.

You have some substantial, and quite possible justified, concerns about your sister's actions in relation to your father. I agree that some investigation may be necessary.

I recommend that you alert the Office of the Public Guardian to the situation. They are there to act in situations where there are concerns just like this one. I attach a link below to their contact details. You can email them, or even call them. I strongly recommend that you do that.

I hope that is helpful.

Kind regards,
Expert:  ExperiencedLawyer replied 4 years ago.

I noticed that you have not rated my answer, and wondered whether there was some aspect of your question on which you would like further help? If so, please let me know.

Kind regards,