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My Sisters Bank Won't Let her release My Inheritance To Me-Please Help.

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
374 replies 58.1K views
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  • TW1234TW1234 Forumite
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    How will changing the executors give the new executors power to access the old executors' bank account, without even more action?
  • SystemSystem Forumite
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    What your solicitor has said is essentially the advice given here. You really should take it. The other crucial thing is to get some urgent medical help as has been already advised. Have you done so? The solution really is in your own hands but you have to help yourself. Go and see a GP as soon as possible.

    No I don't need medical help.
    But what I do need is emotional support like what I was getting with my CMHT Social worker before they discharged me.

    I was discharged from the CMHT 2 years ago because they said I am not ill enough to need their services.

    And now I have no keyworker or psychiatrist.
    And they won't give me one.
    So I have had to manage with only the GP for 2 years which was supportive, until that GP practice closed down in march this year.
    Now I face the prospect of having to get another GP which I am finding difficult and I am also worried that a new GP might not give me the support I need.
    Which is why I have delayed looking for a GP.

    And also because I have mum's will on my mind and I was counting on getting my inheritance this year.
    But it's all gone wrong.

    I did try to fight it by going to a Mental Health Solicitor who did try to get me back in the CMHT but the CMHT refused saying I do not meet the criteria for their services.
    But they did say that they would still help me with my benefits and give me supporting letters if I needed them.

    And so I did not take the matter to court as my Mental Health Solicitor wanted me to do.
    Because the Solicitor told me a judge cannot order the CMHT to give me support,

    A judge can only decide if the decision to discharge me was wrong or not. And if it was the judge can only tell the CMHT to go away and make another decision. He cannot order the CMHT to take me back or give me support if the CMHT don't want to.

    So I decided not to take the CMHT to court because my CMHT told me that they will help me with my benefits even though I am not with them anymore.
    And my EX-CMHT Social worker has done that_she helped me get my Fredom Pass renewed a few months ago.

    And I still have limited contact with my CMHT in that I can see the duty officer in a crisis.
    And contact my EX-CMHT Social worker in that event.
    But the CMHT have not given me a keyworker or regular support.
    I am going to try to see my Ex-CMHT Social worker if she will see me to tell her what has happen.

    That it's all gone wrong for me and I may now have to fight to get my inheritance. And God forbid, I might lose and not get my money at all.
    I don't know how I am going to deal with that if it happens.
    As I won't be able to have the life I want because I won't have my money.

    My Ex-Social worker cannot get me my money, only a Solicitor can help me with that.But she can give me emotional support to get though this.
    Like others I don't think it is best to involve solicitors normally due to the cost but if it puts your mind at ease maybe it is better for you to take this route - your heath has to come first however much it costs.

    Well now I don't have any choice.
    I am supposed to get my inheritance from my mothers will once the house was sold.

    But now it's all gone horrible wrong.
    And the only way I can sort this out or fight this if I have to take it to court is though a Solicitor.
    I cannot do it on my own.

    I am sure there are people out there who can explain this in much more detail but as I understand it - Barclays CANNOT release the money because the account requires the signature of both your sisters.

    Your unwell sister lacks mental capacity at the moment. Therefore, an application to the Court of Protection is necessary (https://www.leighday.co.uk/FAQs/The-Court-of-Protection-and-the-Office-of-the-Publ) This is to make sure that you and your sister are not taking advantage of the sister who is unwell. Sadly, there are people out there who take advantage of people who are mentally unwell and this process makes sure this doesn't happen.



    Yes I now know it is the Court Of Protection and NOT an ordinary Court as Barclays Bank had incorrectly told me

    My Solicitor also told me that if my ill sister does not recover or regain her compacity that my well sister must go to the Court Of Protection.

    Which my sister might not want to do.
    But my Solicitor said if my sister doesn't he will get a court order forcing my sister to do it.

    My Solicitor is also going to write to my sister to find out if my sisters have taken their third share of their inheritance out of the executors account or not.

    My Solicitor also warned me that there is a possibility that my sisters could be lying about my sisters illness to try to avoid giving me my money.

    If that is the case, that my sister, the executors are deliberately refusing to hand over my money, them my Solicitor said he can take them to court.
    Who can force the executors to release the money to me.

    So if it is found that my sisters are lying about all of this, they would be in a lot of trouble, because they would be taken to court.

    Now that this has gone wrong and I have not got my inheritance.
    I do need a Solicitor to sort this out.
    And if this Solicitor would not help me, then I would get another one.
    But at the moment it seems that he will so I will stick with him for now and see what happens.
    I also can't help thinking that if the OP had just shut up and got her sister to sign a mandate, the bank would have had no reason to know she had potentially lost capacity, and after the money had been paid out no-one would have had any incentive to pursue the matter.

    No because when my sister went down to the bank to try to make the payment to me.
    She was told by Barclays Bank that the other sister must be at the bank with her in person.
    That is both sisters have to be at the bank together both to sign and to show ID because it is such a lot of money.
    And because of the account they have which is a joint executors account.
    That's what Barclays Bank have told me and they won't let up on this. They won't release the money unless both sister are there together at the bank in person and sign.

    If my sisters gets well when she gets out of hospital.
    And is then able to go to the bank with my other sister and sign the account.
    Then I will get my money.


    But if not and my sisters does not recover or takes a long time to.
    Then my other sister must go to the Court Of Protection.

    But what worries me is that even if the court of protection grants my well sister Power Of Attorney. Which will then give her the right to manage the account herself.

    What is Barclays Bank still stick by their ridiculous policies and refuse to let my sister pay me the money,even after the Court Of protection has granted my sister the right to manage the account herself without the other sister?
    What action can I take then to get my money if that happens?
    Could someone please tell me?
  • AnthearAnthear Forumite
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    Ann Barbs - I understand what you say about the CMHT saying that you don't meet their criteria. HOWEVER - that was when they last assessed you. Things have changed since then and you have had a really stressful situation.

    I totally understand how frustrating this is for you. BUT:

    - Barclays CANNOT/WILL NOT change their policy. That is not going to change.

    THEREFORE, you just need to park this - ie put it to one side and concentrate on YOU. I would get in touch with your CMHT Social Worker and PLEASE get a GP. I accept what you say, but you are pre-judging a situation. You might find that he/she really wants to help you get better. You are right, they don't have a great deal of time but that's the system we have. Hopefully your ex-social worker can give you more time.

    Personally, I would stay in an area that I was familiar with and where I had people I could reach out to. I wouldn't move away to a different area where I didn't know anyone - you talk about moving to Liverpool on the basis that it is cheaper to rent there.

    There is a saying "better the devil you know" - Housing Associations are not perfect, but you could be moving from a moderately well run property to a private landlord who just cares about taking the money off you - you simply don't know. There are lots of 'ifs' at a time when your mental health is not good.

    Yes, it might cost you more, but you will have stability and familiarity, which you won't get if you move. There was no guarantee that you would get any money from your mother - ie she could have spent it all before she died, so you are no worse off at the moment and you are not under any pressure to move.

    My mother died just over two years ago and I STILL don't have all the money because the solicitors are slow and incompetent. Every situation is different.

    Please get yourself some help and support for your mental health.

    xx
  • Yorkshireman99Yorkshireman99 Forumite
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    It is not, repeat NOT, Barclays Bank's fault in any way shape or form and they are simply abiding by the law. It is not a matter of their policy. Your concerns about Barclays not following the instructions of the Court are groundless. It is completely pointless endlessly speculating about all sorts of hypothetical possibilities. You have consulted a solicitor but keep asking others to explain what he has said. On the one hand you say you don't need medical help and then you contradict yourself. If you will not go to a GP as a starting point then you will never break out of the vicious circle. I am very sorry to say that the only person stopping you get help is yourself.
  • mrmechanicmrmechanic Forumite
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    annbarbs wrote: »

    What is Barclays Bank still stick by their ridiculous policies and refuse to let my sister pay me the money,even after the Court Of protection has granted my sister the right to manage the account herself without the other sister?
    What action can I take then to get my money if that happens?
    Could someone please tell me?

    Ann, please read and read again the replies you have been given over the last few days,
    You are making this a lot more complicated that it actually is.
    If you are not willing to take a step back and allow the time that is needed to sort itself out, then nothing is going to improve and your health is going to be on a downward spiral.
    I really don't know how many times you are needing to be told this from just about everyone that has given you advise on this subject.It needs time to go through the motions, nothing other than time is going to rectify this.
    No amount of lawyer interference will make any difference, all that will happen is your pot of money will be going from your inheritance into your lawyers account.
    Only you have the power to change this and constant contact with your lawyer is only reducing the amount that you will receive.
    He will not be able to make any difference in the short term but will gladly take your money.
    This thread is getting close to " you can lead a horse to water but cannot force it to drink".
    Blunt I know but if you are going to completely ignore the very valuable advise given, then there is not anything else for anyone to suggest to you.
    If you continue to ignore the advise given then the next thread will be along the lines of " My lawyer just took *** 000 pounds from my inheritance without my permission, what can I do"

    Blunt i know but needs to be said.
    Please take a step back and let process take its course.
    If it isn't broken, don't try to fix it.
  • -taff-taff Forumite
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    annbarbs wrote: »
    I am also worried that a new GP might not give me the support I need


    You're not getting any support now though, so go and sign on with a GP.
  • Yorkshireman99Yorkshireman99 Forumite
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    TW1234 wrote: »
    How will changing the executors give the new executors power to access the old executors' bank account, without even more action?
    An executor's bank account is controlled by the executors of the estate whoever they may be at any given time. The executors do no own the funds. If the court appoints new executors they automatically become entitled to operate the account. All the bank needs is official notice of the court order and they have to comply with it. Of course they will require proof of identity of the new executors and specimen signatures so the account can be operated.
  • Thing is, when an Executors Account is opened to distribute the funds under a Will, then both signatures are required for money to be paid out. I am not sure of the procedure necessary to remove your sister as executor (the one who is unfortunately now ill), but imagine it will depend partly on how long she is deemed to be incapable of acting. Are there not solicitors acting alongside your sisters in the Estate? They may explain to you the procedures, but as you are not strictly speaking their client, don't be too put off if they won't. However, you can probably find a solicitor who will give you a fee short consultation on what is now likely to happen. Your other sister will, as remaining executor, have to make the decision but she can discuss with you what you prefer, and then will have to act on the legal advice given to her. There may be one or two options, eg either wait until the other sister is better, or have her removed now (though i think that will diminish the funds in the estate - sad but true) but whatever happens it might take a few months to sort out, and as indicated above, the bank will follow the letter of the law. Just don't panic too much, no-one can stop you getting your share eventually, i just hope it is not too long and painful a process for you. Was there no warning that your sister was unwell? I don't know what solicitors are or have been involved in this, but it is a shame they did not monitor the situation, but even so, if you were inclined to charge them with negligence, then it could get very nasty and stressful for you, and at the cost of maybe about £3,000 each (based on a third share of the cost it takes to remove an executor) it may not be worth the stress - believe me, it can be very debilitating for you to try to challenge such things. Just see what the solicitor has to say, and perhaps while you have to wait for the funds to be distributed you can look around and see what your options are for the future - the money will soon go if you are having to live on it instead of your benefits; this hiatus gives you time to see what might be best for your future. Wishing you peace and calm.
  • .... meant to say "free short consultation" not "fee". sorry
  • GingernuttyGingernutty Forumite
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    Sign up to a GP service.

    Get yourself referred to Mental Health Services.

    You are just going to have to wait until your sister is well enough to finish her duties as an executor.

    If and only if it becomes apparent that she is not going to get well again, then the remaining executor will have to apply to the Probate Services to have her struck off as an executor.

    Until she gets better or gets struck off, you have a roof over your head and some money coming in.

    Put this matter on the back burner for now. Stop wasting money with solicitors' fees.
    :huh: Don't know what I'm doing, but doing it anyway... :huh:
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