Conditions of a Caveat

deb_21_2

I am new these boards.

I would like to ask a quick question regarding A Caveat which is in in place at the moment. I need proof that I paid a cheque many years ago into my partners bank account from me. My partner passed away many months ago and it's been a very stressful time for me.

Can I ask my solicitor and is she able to contact the bank on my behalf? As I need the proof.

Any help appreciated. Thanks

dzug1

Unfortunately your partner's bank has no reason to talk to either you or your solicitor - their duty is to their client.

Added to which if it was 'many years ago' records may no longer exist.

Do you have any records of your own relating to the transaction? That, and your own bank may be the place to start.

deb_21_2

Sadly I didn't keep my statement. My Bank Santander which was originally Alliance and Leicester, said they could only go back 6 years, and this is 16 years ago. Yet Barclay's (this was my partner's Bank) said they do keep records that far back. I need proof as my partner's son is saying I was only a lodger, but I paid towards our mobile home 3/4's of it.

I don't think if I had been a lodger I would paid a landlord all that money. Her son wants to get me of the property. although earlier in the year I did give my partner another large cheque to pay towards buying a bigger property together.

ValHaller

Who is the executor or administrator of the estate?

madbadrob

Has others have said the bank do not have to talk to you or your solicitor however as there is a question about how the estate is being dealt with you could ask a solicitor to ask a court to freeze the probate of the case and order the bank to release information that relates to this cheque and other payments you have made into the account. The problem I see here is proving that the said cheque was for rent or mortgage payments for the property

Rob

NAR

deb_21 wrote: »

I would like to ask a quick question regarding A Caveat which is in in place at the moment.

What do you mean by this?

getmore4less

It's part of the probate process

http://www.justice.gov.uk/courts/probate/caveats

NAR

Thanks getmore4less. Biggest problem I see for OP is proving what money was given for. If there is nothing in writing how does he prove it wasn't a gift?