Probate executor help please

Rharni

I posted this on another forum but I think it was in the worng place...so sorry for duplicating it.
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A month ago my mother died, leaving a will. It was a home made will but correctly done and I was made sole executor.

I went through Probate, had the Will accepted and went to the place and swore an oath.

My dad is still living. My mother made cash bequests to myself and her two grandsons, the rest to my father.

The bulk of their money is in Halifax, in a joint savings account. However, the Halifax are saying to me that all they will do is to put their current and savings account into my father's name and he can sort out giving the money out.

I said that this, then, would constitute gifts surely??? I understood I was to take charge of the money and give the bequests. I am really not happy with them....can anyone tell me what is right please??? I have never done this before and I am a bit lost.

Since day 1 of their marriage my mother has sorted everything and my dad hasn't a clue. He wants me to sort everything out for him in his day to day banking and his saavings, which I am trying to do....the last thing my mother said to me was 'you'll sort out the banking won't you'!!

We are actually wanting to close the Halifax accounts anyway and he is going to be banking in the same bank as I am as it will be easier for me. Halifax seem to not want to let go of the money!!!

What is my next step????

Lorne

In my experience, similar to yours, the bank reacted in exactly the same way. They will give the money in the joint account to your father as he is still alive and the will will not be active on joint accounts. He needs to go into the bank with you, close the account and open up a single current account where the funds will be transferred, they may even make the cheques out for the gifts and pay the rest of the proceeds into your father's new account. They would not be able to pay out money from their joint account without your father's involvement so the bank have acted correctly, even with probate and the will.

Good luck, arrange a time to go in and see them with your father and sort it out from there.

Rharni

Well...that's ok if you have a 'normal' father....who would never in a million years go to the bank. It's only in the last year he has ventured into Asda!! (he's 73 and can't (won't) even use a mini bank. However, legislation doesnt provide for him!! He refuses to even look at the Bank Statements...he only wants to know if he is 'solvent'!!

I suppose I can ask if they will give me forms to take for him to sign...I had to do this for changing their current account from joint to single named.

Lorne

Banks don't consider things like that do they? They are really difficult organisations to deal with at what is already a difficult time. Our bank wouldn't proceed without everyone being present but hopefully they'll manage to work with forms.

Good luck with this

jonesMUFCforever

If the joint account operated on an either to sign basis then they acted correctly in transferring the account to the survivor regardless of any terms in the will.
If the joint account was operated on a both to sign mandate it should have been blocked upon notice of death been given - pending probate.

If your father is of a sound mind then he can give permission for you to have third party access to the accounts.
Once you have this you can withdraw funds but to open a new bank account you will have to persuade him to accompany you to your bank of choice. It is difficult these days to open an account without the customer being seen.

CLAPTON

In my view your Probate was completely incorrect and so was the original will.
A joint account becomes the property of the surviving spouse and can't be part of your mothers will.
Amateur wills cause so much problem.
The money was not your mothers to give away.. its your fathers. He may or may not wish to give it away.

localhero

Clapton is perfectly right - the Halifax has acted correctly here.