Money taken out of account

Katsu2025

Thank you everyone for your comments as a newbie i wasnt sure how this forum really worked.  I was his next of kin on his medical records and went with him to all his hospital apts. He also wrote in his will that he wanted me to be his executor. which is fine i dont mind sorting everything out i was just trying to see what other people thought about bank allowing this money to be taken out.  I dont agree with what they have done and i have made complaints to all the relevant people.   

M25

If the money is gone and you really don't know the details of how it's gone I'm not sure what you can do.

She/her/estranged wife = sister-in-law. I'd use that term if you speak to the bank it sounds less adversarial and proves your relation to her.

It could well be none of this is your business and you don't hold all of the facts.

I think the only person for now that can help is your sister-in-law which doesn't sound too promising.

The whole thing seems unclear and petty to me but if you think there's been criminality then call the police and tell your sister-in-law that's your intention. That may nudge her into explaining her side of things to you.

TheBanker

I am not familiar with Scottish practices but in England most banks will pay out low value account balances to a next of kin without a grant of probate. They would normally want to see a death certificate, proof of the relationship and the person claiming would need to sign an indemnity confirming they were entitled to the money. It sounds like this is what's happened here.

However, in this case it sounds like the bank were already on notice that someone else had claimed to be the executor, so I don't think they should have paid out until they understood the correct position - i.e. why two different people were trying to deal with the balance of the account. Ultimatley if the OP is the person legally appointed to deal with the Estate then the bank will have to refund the estate and persue the sister-in-law for their loss.

A question though - the original post says the money is to be used to pay debts. Assuming there are no assets left for the family, who are these debts to? If they are things like bank loans, the OP should be aware that he's going to a lot of effort just to repay other banks. It may be easier to simply walk away and let the creditors deal with it all. I'd take professional advice before doing this. 

Are there any other assets to deal with, or is it just the bank account?

MEM62

TheBanker said:

Are there any other assets to deal with, or is it just the bank account?

I believe so......

Katsu2025 said:

Confirmation of his estate, you have to apply to court because house involved and needs to be sold  

Theleak250

I am reminded of the story of gloria hunniford. A woman walked into Santander claiming to be her and asking for money from her accounts. Santander complied with the request without much checking. 

TheBanker

Theleak250 said:

I am reminded of the story of gloria hunniford. A woman walked into Santander claiming to be her and asking for money from her accounts. Santander complied with the request without much checking. 

I think this is a bit different - I assume the wife of the deceased had documentation such as a death certificate and a marriage certificate showing she was the deceased wife. For a small estate most banks would pay out with this documentation, the alternative would be requiring people to obtain a Grant of Probate to deal with the accounts.

Zanderman

TheBanker said:

Theleak250 said:

I am reminded of the story of gloria hunniford. A woman walked into Santander claiming to be her and asking for money from her accounts. Santander complied with the request without much checking. 

I think this is a bit different - I assume the wife of the deceased had documentation such as a death certificate and a marriage certificate showing she was the deceased wife. For a small estate most banks would pay out with this documentation, the alternative would be requiring people to obtain a Grant of Probate to deal with the accounts.

Yes, this must be different to the Gloria H debacle. But it's not at all clear what the estranged wife had in documentation terms. Did she have a death certificate? Obtained how if she was estranged? Is the estate a small estate, and if so how can the bank know, as they don't know what other assets the deceased had.? Did she claim to be/is she an executor who was collecting the estate together? (merely claiming to be next of kin shouldn't be enough to take gain assets that belong to the deceased).

HobgoblinBT

The bank process in releasing money from an account of the deceased is to release to the the next of kin against an indemnity.  The indemnity signed by the person drawing the money obligates them to return the money if they are not entitled to it. 

As the executor named in the will I suggest that you have a discussion with the bank, show them the will and ask to see documents relating to the withdrawal of the balance of the deceased’s accounts.  Armed with this information you should speak with the ex wife and request the return of the money as it is needed to meet the deceased’s debts and expenses, ie funeral costs.  If you feel it appropriate you as executor could take the case to the small claims court.