Really struggling for a categoery for this

ceedy1950

Got an issue I am having with local authority Finance department.

I am currently completing a financial assessment for my father to allow continuance of his healthcare.

Whilst my Stepmum was alive it was always  stated that the 2 Joint bank accounts would be split down the middle and my fathers half would be used as part of his assessment. 

But now I have been told by the finance department that now my Mum has passed away they will be considering the whole amount of the joint account to be my fathers

Which will casue a futher problem with his qualification for healthcare.

 This is directly against my Stepmums Will in which she wishes her portion of the joint accounts to be left to her Children from her previous Marriage.

 How can a last will and testament be overruled by some arbitrary opinion of a Councils finance department ?

any  thoughts peeps

jonesMUFCforever

In simple terms upon death a joint account becomes a sole account and the monies go to the survivor - regardless of what any will says.
Having said that there is nothing to stop the executor or Administrator of her will making the payments with dad's permission.
If the council still won't agree with you there must be some kind of arbritration available to you. Have you spoken to CAB?

IanManc

The contents of a joint account always pass to the survivor if one dies. Any clause in a Will which tries to contradict this has no effect, so the council are right to assume that the whole of the money in the account belongs to the survivor.

The council aren't overruling a Will and they're not being arbitrary. They just know what the law is and are applying it.

eskbanker

jonesMUFCforever said:

Having said that there is nothing to stop the executor or Administrator of her will making the payments with dad's permission.

But that would still be seen as the dad making a payment from what is legally now his money, and therefore potentially falling foul of deprivation of assets rules.

[Deleted User]

As others have said - joint account assets automatically become property of the surviving joint account holder.
She would have had to kept the account in her sole name with him given POA or similar.