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Clare, Solicitor
Category: Law
Satisfied Customers: 34911
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am an executor of my aunts estate. My aunt requested that

Customer Question

I am an executor of my aunts estate. My aunt requested that her relatives not see her bank accounts after her death. The relatives have requested to see the bank statements and have threatened legal action if I do not show them. Am I legally obliged to produce my aunts banks statements for the past 3 years?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why have they asked to see them - and was this wish expressed in her Will?
Customer: replied 3 years ago.

Hi Clare


The will has 10 beneficiaries. My wife and I are one joint beneficiary. We have been left the house and one tenth of the residual estate. The other beneficiaries each have one tenth of the residual estate amounting to approx £15000 each. The house is valued at £230000.


My wife and I looked after our aunt and uncle who have both died from cancer. My aunt being the last to go left us her house as I am about to have a kidney transplant operation and my wife is the live donor.


We believe that she left us the house and money to give us a place to live and income while recovering from the transplant. both of us are unable to recommence work until 2015.


I have also been out of work for the last couple of tears due to the kidney disease and being Australian had no access to any funds to help us. My aunt supported us regularly during this time as we were looking after her.


I also have my indefinite leave to remain now in England. For this application, I had to demonstrate that I had financial support and my aunt submitted her bank accounts and wrote a letter that she would continue to financially support my wife and I until we were earning a wage again.


Two beneficiaries are unhappy that we got financial support from her AND in their words 'walked away with the house and some cash smelling like roses'.


they want to see her bank accounts in an attempt to suggest that we were tricking her and taking advantage of her in her vulnerable position. so I guess they are trying to suggest fraud. However, we have a letter signed by my aunt to the home office detailing how much financial support she gave us and her spending is all accounted for.


she only expressed verbally to us that she didn't want these beneficiaries to ever see her bank accounts. She actually name the three beneficiaries to us. She also caught these 3 beneficiaries going through her papers prior to her death searching for her will and bank statements.


Expert:  Clare replied 3 years ago.
Are you the only named executor?
Customer: replied 3 years ago.

My wife and myself are both named executors

Expert:  Clare replied 3 years ago.
As Executor you do not have to produce the bank statements - unless an Order is obtained from the Court forcing you to do so.
From what you have said you have little to fear from a court application although obviously this will cause you more work and distress
I hope that this is of assistance - please ask if you need further details