My Sisters Bank Won't Let her release My Inheritance To Me-Please Help.
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Not sure what would happen if sister A refuses because sister B might recover sufficiently to continue the estate administration.
Thre is no reason why they would have had to involve a solicitor. It is very common for executors to deal with estates themselves without a solicitor, particualrly where the estate is fairly simple.
The paymens to the estate agent etc would normally have ben dealt with as part of the conveyancing process so the money probably did not go through the bank, and in any cae, a that time, your sister was not sectioned so will have been able to authorise transactions.
No one has done anything wrong.
Your sisters did the right thing in having a joint executors account and requiring both ofthem to authorise any large payments
The bank is doing the right thing in following the rules of the account
Your sister has done the right thing in keeping you informed about progress
It's very unlucky that your sister's illness and section have happened just at this time but you will get your money.
There are two possibilities.
One is that your sister will regain capacity fairly quickly and be able to authorise the payment to you
The other is that she remains incapacitated long term in which case steps will have to be taken to have her removed as an executor.
Just because she has been sectioned does not necessarily mean that she has lost all capacity, she may still have capacity to be able to sing a cheque, or she may be well enough to temporarily leave the hosptial in the near future and would be able to authorise the payment then.
i suggest that you ak your other sisiter whether she can try getting a cheque singed. This could be pay payable to you but sent to you care of your solicitor if you are worried about the letter being lost in transit to your flat.
The timing is very frustrating but it is no-one's fault, neither your sisters nor the bank are doing anything wrong, and you will get your money, one way or the other.
Removing the incapacitated sister as an executor will not change the bank mandate requirements. If the sister remains mentally incapacitated in relation to the bank activity, then only the appointment of a person to act on her behalf will suffice. This involves the court of protection, and as has been said, probably long delay. (Another plug for people to have powers of attorney prepared well in advance of the unexpected.)
Hopefully sufficient capacity will be available in a short time and it is a shame that such unforeseen circumstances have arisen, but the bank's hands are tied by the account terms.
I think you are being very unfair on your sisters.
They did not need to use a solicitor, solicitors cost and by doing things themselves they managed to keep hold of more of the estate. They have not even charged you for the costs they have incurred, you should be paying a third of these, so in effect they are giving you some of their inheritance.
You WILL get your money you just need to wait until the situation is clearer about your ill sister.
Missbiggles does make a good point that it may be possible to ask the hospital if they feel the ill sister is up to signing a cheque but personally I would leave this for now, your sister has more important things to concentrate on, you can wait, you are not in any immediate need of the money, your benefits will continue until you receive it.
Remember your other sister is also in the same situation she won't have her money either, she might not even be entitled to benefits and may be struggling for money herself. She will also want this resolved asap.
It's a wonder it wasn't her having a mental breakdown. I understand you have mental issues, which is very clear. But Jesus, the poor woman must be in a right state. It's her I feel for, and the other sister.
With their stupid Red Tape policies.
I just looked at my new emails from the sister who is well.
She says that my other sister who is ill is still at home and they are waiting for a bed. If that is true that means the hospital has not Sectioned her yet.
And she may be able to avoid being sectioned by agreeing to go in to hospital voluntarily.
I also went into my the local branch of Barclays Bank in my town and I spoke to the manager there.
I told her about the will and explained everything to her, that I am not with Barclays Bank but my 2 sisters are and are both executors of the will and hold a joint account with Barclays.
The bank manager told me the same thing that they told my sister. That if the executors account is in both sisters names, the well sister cannot withdraw or send any money to me unless the other sister is there with her at the bank in person and she also signs with her signature.
And because it is such a large amount of money the bank won't let my sister make any payments or cheques to me without the other sister being there also to sign.
And my sister cannot draw out any money for herself without the other sister either.
Barclays Bank also told me that if it is an executors all the executors whose name is on the account have to be there at the bank to sign.
So as it is a joint account there is no way my sister could send me my money unless the other sister is also at the bank and signs.
So I asked them how can my sister send me my money, the bank said my sister would have to apply for what is called power of attorney to gain control of the account.
They said my sister would have to get a solicitor and go though a court to do this.
So unless my other sister gets well enough to go to the bank, I have no chance of getting my money unless my sister goes though the court.
Which could take months or even years.
I have not heard anything from my own solicitor, despite my repeated emails to him telling him how devastated I am by this situation.
I intend to fight for my money if I have to and if my Solicitor won't help me.
Then I will find another solicitor and take it to court to fight that bank for my money.
My mum left me that money in her will, and the bank are holding 118k of my money.
There is no way I am going to let that go.
It's my money and I intend to fight for it.
Would you if you were me?
I feel devastated about this.
I now have to face the possibility that I may not get my money and may now loose it because that bank won't let my sister give it to me. And could be on benefits for years and years knowing that there is 118 of my money left to me from mum's will that I cannot get. Because Barclays Bank won't let me have it.
How am I going to live with that?
I cannot and I am going to fight for it.
Even if that means getting another Solicitor and taking it to court.
you could eat up most of your £118k in solicitors fees.for what?,
it is frustrating for you but you will get your money eventually.
Have you given any thought to what your sisters are going through?,
I realise that you dont see it like this but they probably feel bullied by your agressive and demanding stance,
I know that its really hard for you but you have contact with one of your sisters now so a bit of support for her situation could go a
long way and perhaps bring you closer in the long run.
I wish you luck .
Charlie.
You simply have to be patient.
The bank is acting correctly so you will not get anywhere by trying to accuse them of anything.
It may well be that your sister wil recover sufficiently to go to the bank or to sign paperwork in the very near future.
Bombarding your solicitor with e-mails won't help you, it will just increase the costs you have to pay