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Duty of Confidentiality?

124

Comments

  • MalMonroe said:
    Can't you just ask the solicitor involved to deal with this person? That's what I'd do and hope it's not wrong because I'm a named executor for someone who at the moment is still alive and well and hope it remains that way 'cos I didn't really want to have that responsibility! If there's a will and beneficiaries, there's bound to be a solicitor. Let them earn their money. Is what I think. 
    There's no solicitor involved (apart from the one who dealt with the conveyancing of dad's property) ~ I'm the sole Exectuor.
  • By property, I mean his 'land and buildings' ~ I dealt with goods & chattels myself.
  • MalMonroe said:
    Can't you just ask the solicitor involved to deal with this person? That's what I'd do and hope it's not wrong because I'm a named executor for someone who at the moment is still alive and well and hope it remains that way 'cos I didn't really want to have that responsibility! If there's a will and beneficiaries, there's bound to be a solicitor. Let them earn their money. Is what I think. 

    It won't stay that way, will it?  If you don't want the responsibility you should tell your friend/relative/whoever that you don't want it so as to give them an opportunity to select somebody who will.  It's not fair on them otherwise.

    And not every distribution of an estate involves a solicitor

  • I'd make it going back a year - as bills are likely to be, at most, a year apart. My own, for instance, are monthly in the main - but there are yearly ones (eg tv licence/insurance).

  • So basically she wants to look at what he has spent while he was alive?  What a cheek.
  • SevenOfNine
    SevenOfNine Posts: 2,407 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 27 September 2020 at 5:39PM
    Up until your father died, was he of sound mind & managing his own finances?

    For the 14 months since my dementia FiL was widowed then died, my BiL used his PoA & drained his a/c of £12k, ALL for his OWN benefit. Therefore 'only' a final bank statement in those circumstances wouldn't give an accurate picture.
    Seen it all, done it all, can't remember most of it.
  • Up until your father died, was he of sound mind & managing his own finances?

    For the 14 months since my dementia FiL was widowed then died, my BiL used his PoA & drained his a/c of £12k, ALL for his OWN benefit. Therefore 'only' a final bank statement in those circumstances wouldn't give an accurate picture.
    Yes, although he finally signed a PoA application for me (with his GP present) a week or so before his death when he was in a nursing home.
  • Should add that I never used the PoA as he died before it was granted ~ I managed to obtain a full refund of the application fees for the Estate though, which is included in the accounts!
  • hog_man said:
    Should add that I never used the PoA as he died before it was granted ~ I managed to obtain a full refund of the application fees for the Estate though, which is included in the accounts!
    I think you have done all that is expected in law. If she perseveres with her query advise her to contact her own solicitor to deal with it.
    If it goes that far you can then show them the actual bank statements knowing you have not withdrawn any monies for your own benefit. (She then gets a nice big bill from the solicitor.)
  • Up until your father died, was he of sound mind & managing his own finances?

    For the 14 months since my dementia FiL was widowed then died, my BiL used his PoA & drained his a/c of £12k, ALL for his OWN benefit. Therefore 'only' a final bank statement in those circumstances wouldn't give an accurate picture.
    Up until your father died, was he of sound mind & managing his own finances?

    For the 14 months since my dementia FiL was widowed then died, my BiL used his PoA & drained his a/c of £12k, ALL for his OWN benefit. Therefore 'only' a final bank statement in those circumstances wouldn't give an accurate picture.
    If the woman suspects financial abuse she should go to the authorities and let them investigate it, she isn't Miss Marple is she?   If I was the OP I would tell her to report it to the authorities if she feels his father was abused, if she is just making nasty snide allegations to all and sundry and I would advise her that I would be taking steps to deal with any slander/libel.
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