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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Mother passed away this week at the age of 93. I am the

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My Mother passed away this week at the age of 93. I am the executor of her will and the sole beneficiary. Her death was unexpected. I have ''third party access'' to her bank account. The less than GBP50,000 contained therein is her sole asset. I know how she wants her money to be distributed, including to myself. In view of the suddenness of her passing there are a number of payments in progress including from before the date of her death. A registration of death certificate has not yet been issued. In terms of payments that need to be made and as I have control over her bank account will I be contravening probate law of any associated regulations if I make such payments? I believe that a registration of death certificate has to be sent to her bank which may cause her bank account to be frozen. Is that correct? If so what do I do about making payments that are due now? One reason for the slowness of getting all the paperwork in place is that I live in Istanbul..
Normally, third party mandates automatically end on the death of the account holder and in your case, your mandate will have ended on the death of your mother.
However, practically, there should not be a problem if you continue with the payments in progress as you are the sole beneficiary under her Will and the executor. You should contact the bank in due course to inform them of the death and ask them whether they require you to apply for grant of probate or if they will accept the Will which appoints you sole executor and beneficiary and allow you to access the funds without grant of probate.
Hope this helps
Customer: replied 2 years ago.

What is my situation if a more recent will is produced, will of which I am not an executor nor a beneficiary? What would the Probate Office (Government) do regarding funds paid out of the bank account subsequent to my Mother's passing. Would the executor(s) be obliged to take action to recover such funds or would that be at their discretion. Would the Probate Office take action whether or not the executor so wished? I should add that any such will would have been prepared without my knowledge...

The executor could take action against you to recover the money. The probate office would not come after you.

All the best
Customer: replied 2 years ago.

Last question then I will finish and give excellent feedback. On what basis could the executor take action? What would be the point of law? I have a will showing me as the executor and sole beneficiary and would have been acting in good faith based on that document. I would not have been aware of any other document? Would this be a claim the executor could pursue personally and if so what would be the relevant claim form--N?..Many thanks. TM

The executor may make a claim against you on the grounds that your third party access mandate expired on your mother's death and you had no basis to withdraw funds from her account after her death as that would be a matter for her estate, it is then up to you to defend the claim on the basis of the Will which you have,good faith etc and the court would have the final say.
The claim form is N1
All the best and look forward to your feedback
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