LPA and Executors

Alifats

My brother was my mother’s LPA and she registered two different executors one of which am I .
we are trying to read her will but the LOA is refusing to provide us with any details of any records of the management of her funds and says her estate is zero. When he was LPA he had all her pension and benefits paid to himself and he also commented that my mother gifted him monthly amounts of £250 albeit her will states she wanted her estate to be divided  between 6 siblings . She died within two years of him as LPA . Is he breaking the law

DE_612183

why can't you go direct to the banks etc and ask for details and balances etc?

Voyager2002

LOA? Is that your brother?

elsien

 hDE_612183 said:

why can't you go direct to the banks etc and ask for details and balances etc?

Because they were going into the LPA’s bank account from the sound of it, so banks are not going to share that information with a third party. 

You can try raising it with the OPG, but they are notoriously bad at dealing with things when someone has passed away. 

What was your mothers capacity  around her finances in those last 2years? 

RAS

As executor have you considered talking to the DWP and pensions provider and asking for statements of the income received over those years? 

Where did mum live?

And will readings just don't happen in the UK. What are you actually trying to do?

Alifats

LPA was brother my mother lived with him for two years. She was diagnosed with Alzheimer's previous to her living with her . He arranged for DWP to meet and they agreed to transfer all benefits into an account in his name . I cannot access this information as its his accounts. Regarding reading the will its just the terminology we just want to act on the instructions as set out. 

We have a very good idea of  the amounts received and we know this to be quite substantial . He also as mentioned gifting himself money regularly to keep under the IHT band . But we also know that our mother wanted her assets to be shared between the family after funeral costs were paid . Which that has not been fully done as the grave has not been brought but he states the estate is zero and that we need to pay for the purchase of the grave, Also as a person who registered the death there was a DWP overpayment  to be paid back he has stated that the person registering the death should pay this as they were the one to receive the letter even though the funds were paid to him.

Alifats

I have contacted the Office of Guardianship and like you say have not been helpful. I do believe we have a right  as executors details of the gifting money that he took to establish if the amounts have not exceeded the £3,000 allowance per year . I know he can use a previous years allowance , Previously before he became LPA we know her finances albeit not a lot . But enough to award all six siblings a large sum which obviously they will not get now as he is not showing accounts and records

elsien

Gifting money to himself is not acceptable. IHT doesn’t come into it. It is quite simply misuse of the power of attorney. 

Did she have to pay for any help that was going in?

DE_612183

elsien said:

 hDE_612183 said:

why can't you go direct to the banks etc and ask for details and balances etc?

Because they were going into the LPA’s bank account from the sound of it, so banks are not going to share that information with a third party. 

You can try raising it with the OPG, but they are notoriously bad at dealing with things when someone has passed away. 

What was your mothers capacity  around her finances in those last 2years? 

Are they a third party though? As executors surely they can have access to the information?

elsien

if it was an account in Mum’s name, then yes.
I can’t see that they have any right under the GDPR to insist on access to the brothers finance.

Alifats

She had no care going my brother and wife did it all. WE have no rights of access to information to his bank accounts. there is a legal allowance of £250 regular gifting but we know this has been abused