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My Sisters Bank Won't Let her release My Inheritance To Me-Please Help. - Page 3

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

edited 30 November -1 at 12:00AM in Deaths, Funerals & Probate
374 replies 57.7K views
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  • SystemSystem
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    TW1234 wrote: »
    The key lies with the terms of the bank account; it sounds as though two signatories are required.
    Yes from what my sister told me it sounds like that.
    But I don't know Barclays Bank and have never had an account with them.

    So I don't know what their policies are and the bank won't discuss it with me. Since it's my sisters account not mine.
    So it's for my sister to do that.

    Each banks have a different System. With my bank I have to put my signature to draw out money, mine is a building society.

    Some banks have chip and pin where there is no signature-You just enter your pin number of your card if you want to draw out over the counter.Then the cashier gives you your money or discusses your account with you.
    So each bank is different.
  • securityguysecurityguy Forumite
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    "Some banks have chip and pin where there is no signature"

    Not for 110 grand they don't.

    Your sisters, by the sounds of it, set up a dual-signature executor account. It's nothing to do with the policies of individual banks: if an account is set up to require dual signatures, it requires dual signatures.
  • SomersetSomerset Forumite
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    annbarbs wrote: »

    I wasn't talking about court of Protection or taking my sisters to court. I was talking about taking Barclays Bank to Court because they won't let my sister pay me my money.
    A court might be able to force the bank to release it to me.
    Since I have a copy of my mothers will to prove that the money is legally mine.


    No. When the account was opened, the mandate (instruction to the bank) would have specified operating instructions :
    Either X (executor 1) OR Y (executor 2) to instruct the bank
    OR
    BOTH X and Y to instruct the bank ( e,g, both to sign cheques or both to attend branch with ID to initiate chaps payment.


    Assuming it's the second, you have no grounds to sue Barclays. Barclays have to manage the account in accordance with the mandate. They aren't interested in wills. They will only do what the two executors instruct them to do.
  • iammumtooneiammumtoone Forumite
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    Somerset wrote: »
    No. When the account was opened, the mandate (instruction to the bank) would have specified operating instructions :
    Either X (executor 1) OR Y (executor 2) to instruct the bank
    OR
    BOTH X and Y to instruct the bank ( e,g, both to sign cheques or both to attend branch with ID to initiate chaps payment.


    Assuming it's the second, you have no grounds to sue Barclays. Barclays have to manage the account in accordance with the mandate. They aren't interested in wills. They will only do what the two executors instruct them to do.

    To instruct the bank to have to have both executors to authorise payments/transactions was the correct thing to do especially as they had OPs solicitor on their case watching and making sure correct procedures were followed*.

    *OP I am not saying you did wrong instructing the solicitor you had to do what was right for you, just as your sisters had to set up was right for them as executors needing to follow the rules of being joint executors.

    Is is a very unusual case and I hope it is resolved soon for the sake of all parties, it must be very distressing for everyone involved (everyone has a difference reason why it is stressful for them)
  • missbiggles1missbiggles1
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    Somerset wrote: »
    No. When the account was opened, the mandate (instruction to the bank) would have specified operating instructions :
    Either X (executor 1) OR Y (executor 2) to instruct the bank
    OR
    BOTH X and Y to instruct the bank ( e,g, both to sign cheques or both to attend branch with ID to initiate chaps payment.



    Assuming it's the second, you have no grounds to sue Barclays. Barclays have to manage the account in accordance with the mandate. They aren't interested in wills. They will only do what the two executors instruct them to do.

    Which is why I said the OP needs to find out which one it is and the easiest way to do this is to speak to her sister.
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  • iammumtooneiammumtoone Forumite
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    Which is why I said the OP needs to find out which one it is and the easiest way to do this is to speak to her sister.

    The OP has already said that both sisters need to authorise a payment. If they both need to authorise an electronic payment I don't see that it would be different for cheques otherwise there would be no point having dual account.
  • SystemSystem
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    "Some banks have chip and pin where there is no signature"

    Not for 110 grand they don't.

    Your sisters, by the sounds of it, set up a dual-signature executor account. It's nothing to do with the policies of individual banks: if an account is set up to require dual signatures, it requires dual signatures.
    Well I don't know about every bank.
    I am with Nationwide and that's a building Society.
    And there I have a book account and a Currant Account and they just ask you to fill out a withdrawal for over the Counter then put your signature to draw out money.

    But at the Halifax which is the other bank I have got some of my savings in.I have a cash card and I have to put in my pin number at the chip and pin machine even if I am drawing out or asking for a statement or inquiries about my account in the branch before the bank assistant will do anything.

    They don't use signatures at the Halifax unless you go in there with your Id (passport or driving licence and account number, if you have left your card at home.
    Or if you don't have a cash card then you just give them your account number because they don't have passbook account at the Halifax apparently.

    And neither do other banks unless they are building societies.

    You can either have a cash or debit card or if you don't want a card just an account number but they don't have books like Nationwide does because Halifax is now a bank.
  • edited 3 October 2016 at 11:56PM
    SystemSystem
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    edited 3 October 2016 at 11:56PM
    Which is why I said the OP needs to find out which one it is and the easiest way to do this is to speak to her sister.
    Both my sisters are executors of my mothers will.
    And my sister told me that the executors account is a joint account in both my sisters names.
    Which is probably why Barclays bank won't let my sister do the money transfer or any translations without the other sister being there with her at the bank.
    So I think it is the same for cheques.

    My sisters were managing the will themselves without a Solicitor and only had one for the sale of the house.

    But they did not have a Wills and Probate Solicitor.
    If they had have done then the money could have all gone into their Solicitors then their Solicitors could have then sent the money either direct to me or my Solicitor and I would not have been in this mess.
    But my sisters did it all without a Wills Solicitor which maybe they should not have done.

    My sister told me they have already paid the estate agent and their own solicitor for selling the house so that 118 is for me and my sister are not going to charge me for their estate agent or their Solicitor.
    So once I get my money, if I do, the only person I pay is my own Solicitor.
    But now it looks like I am not going to get my inheritance.

    If my sister is Sectioned and that ill, she could be in hospital and ill for months and might not even get better at all.
    So if that happens how the hell am I going to get my money?
  • brewerdavebrewerdave Forumite
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    Just to say, that when I set up an "executors account" to deal with my mother's estate earlier this year, the Bank told me that they didn't allow internet access -all payments had to be done by cheque or by electronic transfer when correctly authorised in branch.
  • missbiggles1missbiggles1
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    The OP has already said that both sisters need to authorise a payment. If they both need to authorise an electronic payment I don't see that it would be different for cheques otherwise there would be no point having dual account.

    Authorising a CHAPS payment may not be the same thing as signing a cheque - it doesn't hurt to ask.

    If nothing else, it might be possible for the sectioned sister to co sign a cheque, even if she can't at present get into a bank to co sign an authorisation.
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