How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

I was named as executor, or joint executor with my father of

This answer was rated:

I was named as executor, or joint executor with my father of my mother's will. He was the sole beneficiary. and we are now estranged. My mother died on 6Dec, I know her will was not changed. He is still using her bank account based on a P of A, and has taken no action in respect of proving the will.
What will happen should he try to get probate without me?
I believe he may try to claim she died intestate, what should I do in that instance?
Should I tell the bank, and what will they do when he produces the death certificate and they see he has signed on the account subsequent to her death?
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDo you have a copy of the Death Certificate?
Customer: replied 2 years ago.
Hi Clare , no I don't .Les
A Death Certificate is a public document and if you wish to do so you can obtain a copy and give it to the bank.
With regard to the Will he can in fact apply for Probate alone - but then you can also apply for Probate and all actions will then have to be joint.
It will be a matter of personal choice whether or not you chose to do this.
Given that your father is the only beneficiary the fact that he has continued using the account will not be taken any further and all that Will happen is that he will have to get probate in order to obtain further funds (unless the amount involved is under £15,000)
I hope that this is of assistance - please ask if you need further details
Clare and other Law Specialists are ready to help you