Forum Home» Marriage, Relationships & Families» Deaths, Funerals & Probate

My Sisters Bank Won't Let her release My Inheritance To Me-Please Help. - Page 4

New Post Advanced Search
Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.

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
1246738

Replies

  • brewerdavebrewerdave Forumite
    6.5K posts
    Part of the Furniture 1,000 Posts Name Dropper
    ✭✭✭✭
    As said earlier in the thread, sister A needs to get legal advice on the removal of sister B as executor on the grounds of mental incapacity ,which will require a Court ruling as probate has already been granted.
    Not sure what would happen if sister A refuses because sister B might recover sufficiently to continue the estate administration.
  • TBagpussTBagpuss Forumite
    8.4K posts
    Tenth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    annbarbs wrote: »
    Both my sisters are executors of my mothers will.
    And my sister told me that the executors account is a joint account in both my sisters names.
    Which is probably why Barclays bank won't let my sister do the money transfer or any translations without the other sister being there with her at the bank.
    So I think it is the same for cheques.

    My sisters were managing the will themselves without a Solicitor and only had one for the sale of the house.

    But they did not have a Wills and Probate Solicitor.
    If they had have done then the money could have all gone into their Solicitors then their Solicitors could have then sent the money either direct to me or my Solicitor and I would not have been in this mess.
    But my sisters did it all without a Wills Solicitor which maybe they should not have done.

    My sister told me they have already paid the estate agent and their own solicitor for selling the house so that 118 is for me and my sister are not going to charge me for their estate agent or their Solicitor.
    So once I get my money, if I do, the only person I pay is my own Solicitor.
    But now it looks like I am not going to get my inheritance.

    If my sister is Sectioned and that ill, she could be in hospital and ill for months and might not even get better at all.
    So if that happens how the hell am I going to get my money?

    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.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • TW1234TW1234 Forumite
    195 posts
    Fourth Anniversary 100 Posts
    "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."

    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.
  • iammumtooneiammumtoone Forumite
    6.4K posts
    Seventh Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    ✭✭✭✭
    annbarbs wrote: »
    Both my sisters are executors of my mothers will.
    And my sister told me that the executors account is a joint account in both my sisters names.
    Which is probably why Barclays bank won't let my sister do the money transfer or any translations without the other sister being there with her at the bank.
    So I think it is the same for cheques.

    My sisters were managing the will themselves without a Solicitor and only had one for the sale of the house.

    But they did not have a Wills and Probate Solicitor.
    If they had have done then the money could have all gone into their Solicitors then their Solicitors could have then sent the money either direct to me or my Solicitor and I would not have been in this mess.
    But my sisters did it all without a Wills Solicitor which maybe they should not have done.

    My sister told me they have already paid the estate agent and their own solicitor for selling the house so that 118 is for me and my sister are not going to charge me for their estate agent or their Solicitor.
    So once I get my money, if I do, the only person I pay is my own Solicitor.
    But now it looks like I am not going to get my inheritance.

    If my sister is Sectioned and that ill, she could be in hospital and ill for months and might not even get better at all.
    So if that happens how the hell am I going to get my money?

    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.
  • *max**max* Forumite
    3.2K posts
    Part of the Furniture 1,000 Posts Combo Breaker
    ✭✭✭✭
    I also understand the terrible pain your other sister must be in, with one close sister having a mental breakdown and being admitted to hospital for it, and herself being turfed out of her home mere weeks after her mum's death, after caring for her for years, and then you - her other sister - whom she hasn't had anything to do with for ages, starts demanding her money. The poor woman is still grieving, kicked out of her home, and now she has to sort out this mess, with one sister in hospital and the other only caring about her money.

    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. :(
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • Yorkshireman99Yorkshireman99 Forumite
    5.5K posts
    ✭✭✭✭
    The OP has already said that both sisters need to authorise a payment. If they both need to authorise an electronic payment I don't see that it would be different for cheques otherwise there would be no point having dual account.
    Banks will not allow payments to be made from an account requiring both signatures except by written authorisation. That can be by cheque or written request for the bank to make an electronic payment. The OP will fail if she try's to sue the bank. No solicitor would take the case on. I am not sure if someone who has been sectioned would automaticly be deemed to have lost capacity to sign a cheque but I suspect the bank would be unlikely to honour it without proof of capacity if they get to hear of the circumstances.
  • edited 5 October 2016 at 2:00AM
    SystemSystem
    177.8K posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    edited 5 October 2016 at 2:00AM
    I don't blame my sisters. I blame the bank as it is Barclays bank who are stopping my sister from sending me my inheritance.
    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.
  • charlie3090charlie3090 Forumite
    583 posts
    Eighth Anniversary Mortgage-free Glee!
    ✭✭
    Ann,
    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.
  • Yorkshireman99Yorkshireman99 Forumite
    5.5K posts
    ✭✭✭✭
    Barclays bank are not at fault in any way shape or form. You will not find a solicitor who is willing to help you sue them as such an action would be bound to fail. They are acting on the instructions of your sisters that two signatures are needed to access the account. That is the law and the correct way that your sisters have acted not red tape. You would be wasting your time and your money trying to get the bank to release the funds. The solution is in the hands of you and your sisters and talking to them is the only way that you are going to get your money. I am sure they want their money just as much as you do.
  • TBagpussTBagpuss Forumite
    8.4K posts
    Tenth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    You don't need to fight. You will get your money. No one is trying to keep it from you or stop you getting what you are entitled to.
    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
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
This discussion has been closed.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support