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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I had full POA Mother and she has sadly died ...there

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I had full POA for my Mother and she has sadly died ...there are NO other Assets except the money for sale of her small house [under the Inheritance Tax] my brother has been named as Executor in the Will does he have to apply for Probate?? as I have a cheque book in my name etc ...the Will states that everything [which is only money] to be divided between us three children ...can I legally do that with my brothers permission?? then close the Account??
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
I take it that the Sale proceeds are held in an account in your Mother's name (with you being shown as Attorney, on the account)?
Kind Regards
Customer: replied 3 years ago.

Yes... just as you say, in her Account with me being shown as Attorney on the Account cheque book and Card with my name on it too ....

Hi Susan,
Thanks for your reply.
I am afraid therefore, that Probate will be required.
Upon notifying the Bank/B Society of your Mother's death, they will freeze the account, and the Power of Attorney you have is no longer valid.
They will then only close the account and issue a cheque to the Executor, once Probate has been received.(All Banks/B Societies will ask for Probate where any balance on an account is over £5-10,000.
I hope this assists and answers your question.
Kind Regards
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