Sister not complying with terms of Will...

JohnH1973 · 23 July 2016 at 3:32AM

Can anyone share advice on my particular problem... My Mother passed away recently and the Will made by my mother it clearly states that myself and my sister as the executors. My sister is trying to claim everything for herself and is not complying with the terms of the Will. Before my mother passed away, without my knowledge at the time, my sister got my mother to close her back account and transfer the funds into the joint account or herself and her husband and she has stated that it was given to her as a gift. There is no doubt in my mind my mother would have not wanted her to be the sole benefactor. I will strongly contest her actions by all means possible. Any advice would be greatly appreciated. Thank you.

Browntoa · 23 July 2016 at 6:54AM

You can renounce your right to be executor , it means she becomes legally responsible for administering the estate solely . She's legally required to account for all monies on her own then and makes it easier for you to contest . If she does not comply with the terms of the will you then approach the probate office with your concerns

I suspect you will need to write off the bank account as it was done before she died

Any legal action is likely to be very expensive

paddy's_mum · 23 July 2016 at 8:32AM

JohnH1973 wrote: »

There is no doubt in my mind my mother would have not wanted her to be the sole benefactor

Unfortunately, unless your sister used outrageous physical force against your mother, this won't fly.

Nobody is able to state what was in her mind except your mother and she is sadly no longer here to speak. I suspect that a court would say that her actions indicate the opposite of your statement above.

Perhaps you would be wise to speak to a solicitor to find out what your options might be but as Browntoa correctly says, you need to be aware of how expensive any ensuing legal action will be.

Squabbling after the death of a loved one can cost a very great deal both in money and irreparable damage to the fabric of the family.

Tuesday_Tenor · 23 July 2016 at 9:27AM

Was the bank account your mother's only asset?
Is there a house, or anything else?

Was your mother of sound mind when the money was supposedly gifted.

Did your sister have Power of Attorney over your mother's finances?

Unfortunately, if your mother had mental capacity at the time, had given her bank details to you sister to 'help' deal with her finances, and sister claims she made a cash gift, then you are going to have a hard job proving otherwise.

Your only hope, really, would be if sister officially had Power of Attorney, as an attorney can only act in the best interests of the donor (the person who gave PoA), and removing all their money clearly wouldn't be. But even then, other threads have shown that once the donor has died and the PoA lapses, the Office of the Public Guardian has very little interest.

Keep_pedalling · 23 July 2016 at 9:30AM

Are there any other assets?

Sister not complying with terms of Will...

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