Help please - money taken from joint account

del2608 · 13 June 2017 at 11:26AM

I would really appreciate some advice regarding a joint account.

The story is:

my wife helped my 93 year old aunt open a bank account a couple of years ago. The idea behind having my wife as a signatory was in case my aunt became infirm or unwell all her bills would be paid. The only money that goes into the account is her pension.

My wife and I separated last September and are in the process of negotiating a settlement agreement so we can get divorced (we're in Scotland by the way). I received a call from my aunt yesterday who was extremely distressed as my wife had transferred £9500 to her own account, leaving just £350 in the account.

I have spoken to the manager at my local branch who says there is nothing the bank can do as my wife was still an authorised signatory, and the only recourse would be through the courts using bank statements to show that money in the account was my aunt's pension. My aunt has also spoken to her branch who said much the same thing.

Can anybody offer any suggestions or advice? My aunt seems reluctant to take any further action but I feel it is wrong to let my wife get away with this.

Thanks for taking the time to read this, any advice would be welcome.

D.

molerat · 13 June 2017 at 11:53AM

Unless held in trust the funds in a joint account belong jointly to both signatories so the bank are correct in saying they can do nothing. Your aunt obviously needs to remove your wife from the account without delay. The only real option open is through the police or civil courts. Maybe contact Elder Abuse for some advice https://elderabuse.org.uk/scotland/

xylophone · 13 June 2017 at 12:33PM

It seems that this was a standard joint account - under these circumstances, what your wife has done would be permitted under the terms of the account.

If you look at the terms and conditions of the account, it would show the position as to withdrawals/use of the account etc.

Presumably your aunt has put the account into dispute,/ closed it/ opened a sole account and arranged to have her pension paid into the new account.

With regard to the death of a joint account holder, the account would normally fall into the sole ownership and control of the survivor.

See

http://www.turbervilles.co.uk/blog/joint-bank-accounts-post-death-clarity-of-intention-is-key/

You are in the middle of a divorce - is there any way of arranging matters so as to claim the amount in question through the financial settlement?

Shakin_Steve · 13 June 2017 at 5:08PM

Never mind the legalities of the situation, what a cow!
Having said that, why was it your wife, who is no relative of your aunt, who took charge of your aunt's affairs?

del2608 · 13 June 2017 at 5:12PM

She had her name on it for convenience, she is at home most days whereas I work office hours.

Never thought she would stoop so low as to steal an old woman's savings.

jonesMUFCforever · 13 June 2017 at 8:49PM

del2608 wrote: »

She had her name on it for convenience, she is at home most days whereas I work office hours.

Never thought she would stoop so low as to steal an old woman's savings.

Have you reported this to the police?

xylophone · 13 June 2017 at 9:43PM

Have you reported this to the police?

https://www.moneyadviceservice.org.uk/en/articles/joint-accounts

del2608 · 14 June 2017 at 8:21PM

Many thanks to those who responded.

I have consulted a lawyer who is confident we can recover the funds as the account was only ever used by my aunt. All money paid in and taken out was by my aunt (apart from the £9500 obviously), and as such the account can be clearly identified as hers by a court. My aunt has also written 2 letters, one to my wife demanding the money back, and one for the court stating the money was removed by my wife without warning or permission.

We shall see how it plays out.

System · 14 June 2017 at 9:25PM

del2608 wrote: »

Many thanks to those who responded.

I have consulted a lawyer who is confident we can recover the funds as the account was only ever used by my aunt. All money paid in and taken out was by my aunt (apart from the £9500 obviously), and as such the account can be clearly identified as hers by a court. My aunt has also written 2 letters, one to my wife demanding the money back, and one for the court stating the money was removed by my wife without warning or permission.

We shall see how it plays out.

Good luck, the issue will be that as a joint account (rather than just POA or an authorised user) once the money hits the account it's then jointly owned.

Help please - money taken from joint account

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