Wills & Probate

tafer2uk

Thanks again for all your replies, I guess the bottom line is that if nobody complains then nobody will ever know that the money was taken by somebody who knows they weren't entitled to it (ie knew that there was a will and that they were not in it). As with many family issues it's very complicated and I certainly don't want to air any dirty linen here but those who were beneficiaries of the will aren't in a position to complain so will have to suck it up. It's not a life changing amount either way!

pmlindyloo

tafer2uk wrote: »

Thanks again for all your replies, I guess the bottom line is that if nobody complains then nobody will ever know that the money was taken by somebody who knows they weren't entitled to it (ie knew that there was a will and that they were not in it). As with many family issues it's very complicated and I certainly don't want to air any dirty linen here but those who were beneficiaries of the will aren't in a position to complain so will have to suck it up. It's not a life changing amount either way!

Why not?

They could quite easily get a copy of the will, a statement from the bank and sue the pants off the person who fraudulently obtained the money.

getmore4less

tafer2uk wrote: »

I don't know if my question is going to make sense and it probably sounds dodgy but here goes.

If someone dies who has a will is it possible for the estate (cash only) to be disposed of without the solicitor who holds the will knowing and probate finding out? Especially if they have access to their bank accounts?

If it is will it mean somebody has had to declare something illegally? And at what point if ever would a solicitors think hang on a minute this person would be xxx years old now? Or audit wills they hold?

Thanks

Really easy as long as the amounts in each account are relatively low.
(can be over £10k but unlikly over £30k each place has their own rules.)

Unless one of the institutions holding the cash decides to be a bit more diligent that they might be


If you go on-line you can see the forms they expect you to fill in declareing you are the one entitled and indemnify the institution.

With direct access you can just clean out the account then either leave it or get it closed(eventualy the bank will forget it existed).

getmore4less

The other action that can be taken is just apply to administer the estate saying no will.

Closer the relative the easier this will be.

Once a grant is in your hand things become a lot easier.

growler834

Do you know where the will is stored & who the named executor is? If it's the solicitor that is storing the will surely they should be able to start making enquiries once you show them the death certificate?

dzug1

pmlindyloo wrote: »

Why not?

They could quite easily get a copy of the will, a statement from the bank and sue the pants off the person who fraudulently obtained the money.

Could being the operative word


They have to know the will exists, where it is, persuade maybe an unknown or reluctant bank to cough up details and have the means to sue

TonyMMM

tafer2uk wrote: »

The estate was purely cash in a bank account which someone else (not a partner or blood relative) was a joint signatory (possibly account holder).

If the estate consisted of cash held in a joint account, then there was no estate at all - the account would automatically become the sole property of the other account holder on the death, and there is nothing for anyone else to inherit , will or not.

Savvy_Sue

TonyMMM wrote: »

If the estate consisted of cash held in a joint account, then there was no estate at all - the account would automatically become the sole property of the other account holder on the death, and there is nothing for anyone else to inherit , will or not.

That's what usually happens, but it is possible to have an account with two signatories which is not truly 'joint' - if that was the situation here then it was wrong of the other signatory to appropriate the money, but not necessarily cost-effective to contest it.