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Help Required - Probate/executors
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Sunshine1988
Posts: 3 Newbie
Hi,
Im hoping someone on this forum can help, I have done a search but have not come across a similar situation.
My grandfather recently passed away. He left a will where my father and aunt are joint executors. We understand that probate is required as his property was held solely (and not jointly with my grandmother).
In unsurprising news for this forum
there has been a bit of a breakdown in relationship between my father and aunt. My father has only been able to see the will very briefly (it’s pretty straightforward nearly everything to my grandmother) and has been kept out of the loop with everything.
Pretty soon after the death (late January) my father, aunt and grandmother went into high street banks to advise of the death as my grandfather has savings held. They signed forms as joint executors and were advised to return with the probate.
My dad has not been contacted to advise that he will need to do anything for probate yet – we have read up and seen that he could go to the courts himself (as in did not need to go at same time as aunt, but would need to go)
Its transpired that the high street banks have actually recently closed the accounts and transferred the money to somewhere currently undisclosed. My father has an appointment tomorrow to go into nationwide about this, however Lloyds have already admitted that this should not have happened.
My understanding was that both executors would need to be present, and even so the accounts should not have been closed until probate received – is this right?
Thanks!
Im hoping someone on this forum can help, I have done a search but have not come across a similar situation.
My grandfather recently passed away. He left a will where my father and aunt are joint executors. We understand that probate is required as his property was held solely (and not jointly with my grandmother).
In unsurprising news for this forum

Pretty soon after the death (late January) my father, aunt and grandmother went into high street banks to advise of the death as my grandfather has savings held. They signed forms as joint executors and were advised to return with the probate.
My dad has not been contacted to advise that he will need to do anything for probate yet – we have read up and seen that he could go to the courts himself (as in did not need to go at same time as aunt, but would need to go)
Its transpired that the high street banks have actually recently closed the accounts and transferred the money to somewhere currently undisclosed. My father has an appointment tomorrow to go into nationwide about this, however Lloyds have already admitted that this should not have happened.
My understanding was that both executors would need to be present, and even so the accounts should not have been closed until probate received – is this right?
Thanks!
0
Comments
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The accounts are frozen as soon as the banks are informed of the death. At that point if there is just a small balance the bank may transfer the money to someone who can prove they are an executor. Both executors do not need to be present. If the balance is significant the bank will only release money to pay funeral costs until probate has been obtained. Probate does not need anyone attending a court.0
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Thanks so much for your reply.
So you don’t need 2 executors to close down the account then, one executor can do anything?
And probate would not be required to do this - even though probate is needed? There’s two accounts the one that is definitely closed was a minimal amount (a few thousand) The nationwide account was around 15k so a bit more, will know what has happened to that tomorrow.
I’m just surprised that one executor could act without the other, and without probate.
Thanks!0 -
It is up to each bank to decide their limit for releasing money without probate as they do it at their own risk. £15K does sound rather high. In practice one executor can do most things. The major legal documents do require both executors.0
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Can just one executor apply for probate too then? My understanding was that both were required?
To be honest, my father just wants to check that my grandmother has had the money. There is money left in the will for both him and my sisters (and other gifts to family) we are not exactly bothered by that as long as my grandmother is sorted.
However I understand from reading an awful lot of threads now that my father has a responsibility as an executor to ensure the will is enacted. His sister isn't really letting him do this though, and he obviously doesn't want to get into trouble down the line but per the above is happy to take a back seat as long as my grandmother is looked after.0 -
Just one executor can apply for probate but they must have told the others in advance so that they can object.0
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Probate is required if the estate contains a property, shares or if cash holdings are above a threshold set by individual banks.
If your father is intending to act as co-executor, rather than renounce the role, then he is equally responsible with the aunt and he really should insist on having a copy of the will to start with.
A) Applying for probate; needed due to the property in sole name.
It may help to look at the probate application form and guidance notes.
https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=735
You father needs to decide whether he is going to act, reserve powers (so could step back in) or renounce the role. He needs to check with aunt how far she has got in this process. I would not start with the assumption that she has 'renounced' him without telling him, but be aware that this is possible ... The person renouncing used to have to do so in a letter, but not now ...
If he is going to act as executor he will equally responsible for the correct administration of the estate and will need to know details of all the different assets. Either the 2 executors need to be able to work together or he should renounce and let her get on with it. But if he doesn't trust her and wants to remain executor the he has to insist on being informed and involved. Difficult situation for him ....Cash assets
The threshold at which banks will release funds without probate varies. Usually £5-£15k, though I believe for one it's a surprising £30k.
Below that threshold the banks will release funds to anyone claiming to be the right person to receive the funds when the person signs an indemnity stating this. (So if the bank gives it to the wrong person they can sue to get it back). So if the funds are below the threshold, Aunt has the will showing she is one of the executors and she signed the indemnity then all is in order, from the banks point of view. It doesn't need both executors to do this.0
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