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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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My mother put a divorce case against my father, but we know

Customer Question

My mother put a divorce case against my father, but we know that he is hiding a substantial amount of his wealth and not disclosing it. My mother's solicitor initially placed an arrestment case on all bank accounts located with the major banks. Only one came back that showed around £5k in his account. We initially thought that all banks would have been contacted (including private banks) and thus we could have found the millions of pounds he has hidden. Are we allowed to ask our solicitor to contact all the private banks in Scotland and ask for an arrestment placed on any accounts found under my father's name? My mum's solicitor at times seems hesitant and I am unsure why, as even she has stated that the one account that was found had no activity on it, which is irregular. I fear that the longer we leave this the less chance we have of locating his substantial wealth as he will most likely try and transfer the money overseas to his relatives. So the main question is, can we contact private banks asking them to tell us whether they have any accounts held under my father's name?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
If you have an idea of what banks are holding funds for him, or have held funds in the past, then the solicitor could apply to the court for an order seeking disclosure which could then be served on the banks. This is called a specification of documents. However, there has to be specific averments that funds are held with specific banks. The court won't allow a "fishing exercise". So if there is uncertainty about what banks are involved, but there is a warrant to arrest on the dependence of the action, it is competent to instruct arrestments in the hands of each bank. However, each arrestment costs and only Scottish banks can be targeted. I suggest that your mother meets with her solicitor to discuss this specific issue, given the amount of money involved. I hope that helps. Happy to discuss. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
I was just wondering, is it possible to go to separate Banks (including private ones) and ask them if they hold any accounts under my father's name? Are they allowed to give me at least that much information, so that we can get an idea of where he does hold accounts in Scotland?
Expert:  JGM replied 1 year ago.
No,the banks are not allowed to give that information out without a court order. Your only option is to attempt an arrestment and see if that sticks.