Closing bank accounts with two executors

TonyMMM

As an executor, you are quite within your rights to ask the bank for a closing statement for al the accounts your father held. That will show you the balances.

JGB1955

Bobbych said:

we have the probabe document which does not say anything about 'joint and several', so does that mean that does not apply in this case? so the default position is BOTH need to sign to close an account?

You say you have probate... the money in your Dad's account (which your sister has 'taken') would have had to be included in the application.  Was it? You would have had to sign/agree the application.....

naedanger

Bobbych said:

I have a question over bank accounts.  My Dad died in august, and named myself and my sister in the will as executors.  within two weeks my sister, who still lives local, had closed his two bank accounts and moved the remaining monies to her account.  I have not signed anything to agree to this.  I know the monies are small, probably one a couple of hundred, but I thought if there are 2 executors named, BOTH need to sign to do anything with a bank account? or can one do it alone?

You need to read the will carefully.  In the circumstances it is what the will says that matters. However according to link I have given at the end of this post it seems to me, that in the absence of words to the contrary, both executors are needed to act.

Therefore I think you are prefectly within your right to expect the bank to answer to you for the money. I would start with a letter seeking clarification from them, followed up by a formal complaint if they don't give a response that satisfies you. (Alternatively, at your choice, you could ask you sister to account for the money.)

https://www.co-oplegalservices.co.uk/media-centre/articles-apr-jun-2019/can-an-executor-of-an-estate-act-alone/#:~:text=If%20the%20Will%20names%20two,These%20are%20called%20Joint%20Executors.

jonesMUFCforever

Bobbych said:

I 'believe' there is only a few hundred, but she is not telling me how much, and so far, staling on sending me half, so it could be a lot more, but I think not

Who is / has paid the funeral expenses - could these funds be going towards this?
If you really are worried go to the bank in person, take with you photo id, death certificate, copy of the will (and probate if there is one) - they will print out statements for you.

SevenOfNine

The bank will hand the money over to anyone with the death cert, if it's below their set limit (Lloyds is £50k & most others are similar).  She will have had to sign a disclaimer for the bank (to protect themselves), stating she's authorised to have/distribute the money or words to that effect, but she needed no other 'proof' than the death cert & her ID.  All executors aren't required to act, the bank aren't even interested in who, or how many, there are. The death cert is the powerful document that opens all the doors!

As you are also joint executor, as has been suggested you can go to the bank with the death cert, ID & your evidence of such (though you shouldn't need it) & request final balance statements.

p00hsticks

jonesMUFCforever said:

Bobbych said:

I 'believe' there is only a few hundred, but she is not telling me how much, and so far, staling on sending me half, so it could be a lot more, but I think not

Who is / has paid the funeral expenses - could these funds be going towards this?
If you really are worried go to the bank in person, take with you photo id, death certificate, copy of the will (and probate if there is one) - they will print out statements for you.

It may not even be necessaty to go to the bank in person - with the COVID restrictions etc, a lot can be done over the phone these days, especially if it's a major bank - look online to see if they have a specialist bereavement section you can call. I was lucky in that I also happened to have a current bank account with the bank that the deceased banked with, which meant that I could answer the security questions associated with my account to prove my identity - following a phone call with the bereavement section representative I was e-mailed a link to their secure website to upload a scan of the death certificate and photo id and fingers crossed it should all be sorted - I'm just waiting for the money to be transfered over to the executors account and a list of direct debits to be sent out.     

I wish they were all that straight forward.....

Vasquez65

Barclays needed a copy of the will and BOTH executors to sign the form to release funds/close the accounts of my Dad.   They wouldn’t have released the £15k or so to my account without my Sister’s signature. 

JGB1955

I had a different experience with Barclays; they transferred the £27K in my father's account to me within days of his death. They just needed to see the death certificate and didn't ask about a will. I don't know if the fact that I already had access to the funds via a POA made any difference, but my co-executor was certainly not involved in the process.