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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4812
Experience:  Owner at James Bruce Solicitors
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My mother passed away September 2020, my 2 brothers emptied

Customer Question

my mother passed away September 2020, my 2 brothers emptied mums bank account daily £500 until the account was empty and said I was not getting one penny of it, the amount was just over £5,000, my brother said there should be a tax rebate going into mums account that they were going to leave in there for me but no sign of it, I closed the account down as soon as I found out they had emptied it, is there any way I can find out if mum was owed any taxes
JA: Where are you? It matters because laws vary by location.
Customer: Wallsend Newcastle uk
JA: What steps have you taken so far?
Customer: none at the moment as not a clue where to start
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not what I can think of thank you
Submitted: 15 days ago.
Category: Law
Expert:  james bruce replied 15 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

sorry to hear of the loss of your mother.

Did she leave a will? If so who is the executors?

Customer: replied 15 days ago.
there was no will and no executors, my older brother said because it was under £10,000 he could just draw it out
Customer: replied 15 days ago.
I have a record of every withdrawl he made
Expert:  james bruce replied 15 days ago.

Then as no will, the matter would be dealt with under intestacy. This means all the children share the estate equally.

Customer: replied 15 days ago.
how would I go about getting my share as my brother said I am not getting a penny of it
Expert:  james bruce replied 15 days ago.

You would need to threaten legal action.

A probate lawyer could help, but that is likely going to cost more that you will receive.

You could send him a letter before claim setting out your right to the payment and advising if legal action if he does not return what is legally yours.

Customer: replied 15 days ago.
I am on Universal Credit at the moment with depression and anxiety with everything that has gone on in the past year, also I wouldn't know how to word the letter to him
Expert:  james bruce replied 15 days ago.

Sorry to say, but being on UC etc would make no difference. Legal aid is not available.

I have attached a template letter you could use.
Explain in the letter that as there was no will, then the law of intestacy applies meaning you all share equally. If he does not provide your third share you will take court action.
Then specify the amount due and a date to pay.

If he does not then you can start a claim online at small claims court.

https://www.gov.uk/make-money-claim

Customer: replied 15 days ago.
Thank you so much for all your help, can I keep you up to date if that is possible
Expert:  james bruce replied 15 days ago.

Of course, you can come back to the question anytime.

Can I assist or clarify anything further?

Customer: replied 15 days ago.
that is all for now thank you, ***** ***** once again
Expert:  james bruce replied 15 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.