Step family not sharing finances

mallybee

Hi. If possible could you advise if it’s worth speaking to a solicitor in relation to our parent’s finances? I’ll keep the details simple for now but more can be provided.

My father died last year. He has four children.

My step mother died six months later. She has three children.

They also have one child together.

When my father died my sister took joint control of the bank account to help my step mother as she was unable to leave the house easily. My sister kept all receipts of the money she took from the account for shopping, etc. and was the main person who supported her since the loss of her husband.

Shortly after my step mother moved in with her step son although she did want to stay in her own home. Then my step mother requested that all her and my father’s finances (bank account, insurances etc.) were split between the 9 of us (step mother and children). My sister made the transactions as requested to the eight children.

Before my step mother died (about six months ago) she agreed with everyone that the remaining money was supposed to be split between the remaining 8 of us – this was her wish. She filled in a will that was signed by her, my sister and one of my step sisters. This wasn’t witnessed by a solicitor.

My step brother then wanted and took control of the bank account and agreed that all the remaining money would be split as per the request of my step mother.

We have contacted the family several times since but can’t get in contact with them. We do know where they live but would rather go down the legal route if possible as we feel meeting them would not have a positive outcome.

Q. Is the will a legal document that we could use to get our share of out step mothers finances?

Q. Instead, is there any way we could get back the money that was paid to them from our father’s finances.

Thank you in advance for any help or advice.

Keep_pedalling

Unfortunately this sounds like a mess of the highest order. The will may or may not be valid, but what is certain is that if it is then the 2 people who witnessed it have disinherited themselves because if you witness a will you can't be a beneficiary.

If this DIY will is indeed invalid then the rules of intestacy will apply and her step children get nothing.

No one can take over the bank accounts after the death of the account owner to do so is illegal. The bank should have been notified of the death at which point the accounts should have been frozen.

Who was named as executor(s) of the will.

mallybee

Hi and thank you for your advice.

I'm pretty sure it is my sister who is executor but i will have to check this.

The bank was informed of the death and they let my step sister take over from my sister, although this was a few weeks later.

mallybee

I just checked with my sister and she said it was both of them - her and step sister who signed it. But it's my step brother who took control of the account.

Keep_pedalling

How could he take control of the account if the bank knew of the death?

mallybee

My sister was joint account holder before she died. She contacted the bank after she had died to tell them that the step son wanted control. The bank said that he had to make an appointment to go down and do it. As far as we know he went and did it.

TW1234

Could you indicate roughly the sums involved? You also refer to your stepmother's house; was this owned?

TW1234

If your sister was joint bank account holder at the time of death, then the entire account becomes "hers." and outside any will bequests.
She would have needed to allow the step brother to have access to it.
Was she definitely joint holder or just an authorised signatory?

mallybee

After my sister sorted all of my fathers insurance policys there was about £50000 in my mams/sisters account which was split 9 ways.

When my mam died there was about £10000 in the account. My step brother took over my step mams insurance policies too to sort out so we dont know how much these were worth.

mallybee

Hi TW1234. She was a joint bank account holder.

TW1234

Well, then your sister owned the whole £10,000 and could do as she wishes with it---including allowing the step brother to take control of it by giving him signatory power or becoming a joint holder. Did she do that?.
How did the step brother manage to "take over" the insurance policies? Although some insurers will not require probate for small sums, they would require evidence that the step brother was able to act as an executor.
The distribution of the £50,000 consists of 8 gifts of £5555 each and £5555 that remained as the step mother's (in her and the sister's joint account) . If probate were needed, those 8x £5555 should be reported (as PETs).