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JoeN819
JoeN819,
Category: Law
Satisfied Customers: 113
Experience:  Expert
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What can be done when my mums husband ignores the will and

Customer Question

Hi what can be done when my mums husband ignores the will and transfers her money into joint account after her death when has been allocated to somebodt else in the will
JA: Where are you? It matters because laws vary by location.
Customer: Cheshire
JA: What steps have you taken so far?
Customer: Nothing iv only found out tonight mh mum made a will hes disregarded her wishes hes bin into the bank transferred her money into joint accoubt im an executir my britger and ny sister shes left her money to my brother but hes taken it
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Her pension has been going into her bank account shes not seen a penny
Submitted: 24 days ago.
Category: Law
Customer: replied 24 days ago.
Im still waiting on an answer
Customer: replied 24 days ago.
Still no answer what did i pay £5 for
Customer: replied 24 days ago.
Still no rrsponse i want a refund
Expert:  JoeN819 replied 24 days ago.
Hello - Welcome to Just Answer. Sorry to hear of your loss. Please accept my condolences. I shall do my best to help you today. May I ask a few preliminary questions to help determine the legal position?1. Who are the named executors under the will.
2. Who are the name beneficiaries
3. Where have the funds been transferred from and who else is listed on the joint account other than your last mums husband?
Customer: replied 24 days ago.
Myself my sister and my brother
Expert:  JoeN819 replied 24 days ago.

Thanks - Can you please answer the other questions (2 & 3) so i can work with you and help resolve your query. Thank you

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Customer: replied 24 days ago.
Im im unhappy as u are askin mr fur more moneh kindly refund myv£5
Expert:  JoeN819 replied 23 days ago.

Apologies for the radio silence. Without the specific information I have asked for I can only give general advice on this. He is not an executor and therefore has no authority to deal with the estate. By transferring assets away from your late mum's estate into a joint account, he is intermeddling with the estate and can be held accountable. The concept derives from the general principle that if someone without authority acts as if they have authority, they should be held accountable as if they had that authority. The consequences are as follows:

  • He is liable to any creditors and beneficiaries as if he were a lawful executor
  • He may be liable to the lawful executors under general interference of property laws.
  • He is also liable for inheritance tax (IHT) in the same way a lawful executor is liable under the Inheritance Tax Act 1984.

You therefore have a valid cause of action against him and can take legal action to claim damages.

Apologies again for the delay. If you would like a refund please contact customer services here https://www.justanswer.co.uk/help/contact-us

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.