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My Sisters Bank Won't Let her release My Inheritance To Me-Please Help. - Page 2

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My Sisters Bank Won't Let her release My Inheritance To Me-Please Help.

edited 30 November -1 at 12:00AM in Deaths, Funerals & Probate
374 replies 57.8K views
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  • melanzanamelanzana Forumite
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    If a cheque is possible, get it sent by registered post to your solicitor's office.

    I had exactly the same thoughts as poster note3 above re internet banking.
  • SystemSystem
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    melanzana wrote: »
    If a cheque is possible, get it sent by registered post to your solicitor's office.

    I had exactly the same thoughts as poster note3 above re internet banking.
    Well she could just send the cheque to my address.
    If it were to get lost in the post or I did not receive it my sister could just cancel the cheque.
    I would rather the money or cheque was sent to me instead of my Solicitor.
    That way at least I will know that I have got it.
    But from what my sister told me because it is a joint account I don't think she will be able to do a cheque without my other sister signing it.

    And because 118k is such a large amount the bank might want both my sister to write the cheque out in the bank in person the same as they would have to do a CHAPS payment.
  • iammumtooneiammumtoone Forumite
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    melanzana wrote: »
    I had exactly the same thoughts as poster note3 above re internet banking.

    But internet banking needs to be set, and to set up I would expect/hope all have to agree to this.

    Good news if internet banking has already been set up but I am not sure why it would generally be needed with an executors account when there are only three beneficiaries (where two are executors).
  • PasturesNewPasturesNew Forumite
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    Don't go to solicitors, you'll be wasting your time.

    There will be a "proper procedure" for this. You need to find out the "proper procedure" and go through it/do it.

    All a solicitor will do is write expensive letters and not actually "do" anything.

    Somebody will shortly, no doubt, let you know exactly what the process is that you need to go through .... so keep reading.

    All the best.
  • melanzanamelanzana Forumite
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    But internet banking needs to be set, and to set up I would expect/hope all have to agree to this.

    Good news if internet banking has already been set up but I am not sure why it would generally be needed with an executors account when there are only three beneficiaries (where two are executors).

    Yes, I was presuming (or hoping) that it had been set up at the time so that the money could be transferred online by EFT.
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  • missbiggles1missbiggles1
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    annbarbs wrote: »
    First of all I am on benefits.
    And as you know if I have have any amount of money that makes my saving over £6000 then my benefits will be cut and stopped if they get to 16k or over.

    So it would be better for me to let my sister make me the full payment because of this.

    Sending a cheque in the post is risky because I live in a block of flats and it could get lost or someone else could pick it up if it goes to the wrong address.
    You know what post is like.

    As my sister is not prepared to go round to me to give me a cheque in person that's not a good option as she will only send it in the post.
    And I don't think her bank will let her write a cheque out without the other sisters signatures since my sister has confirmed to me that it is indeed a joint account that they have.

    As for my Solicitor he does not want any money from me now. He says I pay him after I get my inheritance, which I haven't got yet.

    Well they cannot stop my benefits either since I have not got my money so I don't have to worry about that.

    Most joint accounts don't need both people to sign - ring your sister up and ask her.
  • iammumtooneiammumtoone Forumite
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    I am very sorry this has happen to you, what you need to remember is that this is nobody's fault

    Keep focusing that so far your sisters have done the right thing, they have followed the rules as executors and sold the house, you have no reason to think they will not do what is right now.

    Your sister will also be in the same position as you, they will also not be able to excess their money.

    No one will know what will happen, the best thing to do is wait and see how your sister is in a few months hopefully there will be an improvement in her health and then a decision can be made what is the best option to resolve this.

    I hope you are able to understand as you struggle with MH yourself what your ill sister will be going through and try to be considerate at this time for her.

    You have previously said that your sisters will not talk to you, your sister rang you to personally explain the situation when she could have gone through your solicitor, I hope you see that as a positive thing.

    It will be hard for you all at the moment, I wish all of you the best and hope that your sister recovers soon, both for herself and the fact that the other two of you will then be able to move on with your lives and plans for your inheritance.
  • TW1234TW1234 Forumite
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    The key lies with the terms of the bank account; it sounds as though two signatories are required. The incapacitated sister, although sectioned, may still have sufficient mental capacity to sign a cheque and the other sister would be expected as executor to arrange this. If the sister is deemed to not have sufficient mental capacity, then hopefully she prepared a power of attorney that can be invoked. If none exists, and it is expected that capacity will not return on an acceptable time scale, it would seem time for the other sisters to seek help and advice to access a court oif protection to have someone appointed to take control of the incapacitated sister's affairs.
  • elsienelsien Forumite
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    I think you need to try to stop panicking and assuming the worst.
    No-one is saying you won't get your money, what they are saying is that because of the complications it won't be as immediate as you hoped.
    Please don't go getting more solicitors and courts involved - it will cost you a lot of money and the Court of Protection has a huge backlog so it's unlikely to get you anywhere any time soon.
    Your sister is under section and considered to lack capacity at this time. That does not mean she won't regain it. Some people are in and out of hospital in a matter of weeks, others take longer. However if she's gone in fairly recently, no court is going to do anything at this time. It takes months, and needs an assessment that she may not regain capacity in the longer term. They have a huge waiting list of cases,
    As your sister is treated and starts to get better, then she will be in a position to sort things out. People can have leave from hospital to go to banks etc when they are well enough. Quite frankly, your sister being able to write anyone a cheque is the least of their concern right now.
    You will get your money. No one is trying to diddle you. But the hospital have a duty to protect your sister by not allowing her to sign any paperwork /make hat any financial arrangements she is not able to understand, until her capacity returns.
    You need to be patient and not get into catastrophic thinking. It won't help and you'll be throwing more money away.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • edited 3 October 2016 at 8:11PM
    SystemSystem
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    edited 3 October 2016 at 8:11PM
    My sisters are living on the other side of the Country from where I am.
    My sister live a different part of London from where I live. I live in Essex and so my sisters have difference health trusts from me.

    So they do things differently from what they do in my area.
    I am shocked that they section my sister but don't know what I can do about it.
    But I should just be glad that my health trust is not like that.

    I wasn't talking about court of Protection or taking my sisters to court. I was talking about taking Barclays Bank to Court because they won't let my sister pay me my money.
    A court might be able to force the bank to release it to me.
    Since I have a copy of my mothers will to prove that the money is legally mine.
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