Appointeeship question

Fuggle

The DWP made me the Appointee for my aunt's affairs a few years ago. She has no children and no living siblings, although there are a number of nephews and nieces who are conspicuous by their absence while she is in need of help.

One requirement for the appointeeship was that I had to open a new bank account in my own name for my aunt's pension to be paid into. I have no direct access to her own bank account. So I have allowed that account to dwindle almost to nothing, whilst accumulating her pension in the new account. I transfer money into her original account in order that to meet the various bills paid from that account. So her main assets now, are the funds I hold in the appointee account.

My aunt does not have a will and does not possess capacity to make one. So I was wondering... when my aunt dies, who has the legal right to this money in my account? The rules of intestacy state that the estate should be divided amongst the families of deceased siblings. But this money was not paid to my aunt. It was paid to me in order to be used in her best interest. Can my cousins who I have not seen for 25 years approach me and demand their share of this money from my account?

daska

You are only the Appointee so to my mind you don't own that money and the estate should be disbursed as per the intestacy rules.

Gingernutty

Fuggle wrote: »

One requirement for the appointeeship was that I had to open a new bank account in my own name for my aunt's pension to be paid into. I have no direct access to her own bank account. So I have allowed that account to dwindle almost to nothing, whilst accumulating her pension in the new account. I transfer money into her original account in order that to meet the various bills paid from that account. So her main assets now, are the funds I hold in the appointee account.

When I became a Receiver and later Deputy, I was instructed to shut down all other current accounts and divert all incoming and outgoing funds to the new Receivership account.

I had the sealed document from the Court of Protection which I could waggle under the noses of bank staff and they did as I asked.

When my uncle died and I took on the Executorship, the Receivership account became the Executor's account - no further hassle necessary.

I gathered the last of the monies due to him, dispersed them according to the laws of intestacy and finally shut the account down after paying for the headstone. Job's a good'un.

Fuggle

I don't have power of attourney (which dies with the person anyway) and there is no will. So there will be no executor. So i'm wondering what process will have to take place before the funds can be disbursed.

getmore4less

one of the benificiaries applies for letters of administration.

Look up forms PA1 and IHT205 read them and the notes that should get you started.

Fuggle

ok. Thank you for that