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  • FIRST POST
    archived user
    My Sisters Bank Won't Let her release My Inheritance To Me-Please Help.
    • #1
    • 3rd Oct 16, 4:28 PM
    My Sisters Bank Won't Let her release My Inheritance To Me-Please Help. 3rd Oct 16 at 4:28 PM
    The title says it all.
    I was meant to receive my money 2 weeks ago but now it has all gone horrible wrong and I have not got my money and now it seems there is no way I can get it.

    Not because my sisters does not want to send it to me but because my sisters bank refused to let her do the payment.

    Here is the story-


    Just to recap-
    As some of you may know from my last threads here-
    http://forums.moneysavingexpert.com/showthread.php?t=5495130

    My mother died last November 2015 and has left me and my 2 other sisters both her house and some money in her will.
    So my sisters and I each inheritance a third of the money from the house sale plus 25,00.

    My 2 sisters are both executors of my mothers will and both the money from the house sale and the rest of my mothers money she left us was paid into the executors account.
    Which is a joint account in both my sisters names.
    So from what I understand my sisters are the ones who pay me the money since they are both executors but I am not. I am only a beneficiary.

    So I do not have the right to sell the house or handle the distribution of funds, only my sister can do that.
    So my sisters are supposed to send my third share to me as is the terms of mum's will.


    Well 2 weeks ago one of my sisters I will call Sister A phoned me to tell me my mothers house has been sold and that the money was ready to be paid out to me along with the other money 25k which I also inherit.

    So I gave my sister my bank details so that she could pay the money direct into my bank account.
    Which I am happy to do because I would rather my inheritance was paid directly to me instead of my Solicitor, then when I get it I will pay my Solicitor.

    But now it has all gone wrong and I have not got my money.
    Because when my sister went to her bank the next morning(2 weeks ago) to try to send me the money by a CHAPS payment, her bank told her they will not let her do the payment unless my other sister can come with her to the bank in person.


    And the problem is that my other sister cannot go with my sister to the bank because she has had a mental breakdown and is being held in a psychiatric hospital under a Section of the mental Health Act and is too ill to do it.

    Sister A who is single and was living in the house is the one who is trying to pay me my money.

    My other Sister Sister B is the married sisters and is the one who is currently being held in a psychiatric hospital under Section.
    And I have had telephone conversations with Sister A and she says that the mental Health crisis team say that my other sister is in not fit sate to sign anything at the bank and lacks the mental compacity to do so.

    The money from my mother will and sale of the house is being held in the executors account and it seems my sister is wiling to pay me my full share of my inheritance.

    But her bank which is Barclays bank, won't let her do it without my other sister being with her in person at the bank because the executors account is a joint account in both my sisters names.

    And even though my sister told her bank the situation her bank won't budge.
    The bank won't let my sister send any money to me unless my other sister can also come to the bank in person to sign or do the translation.
    And Barclays bank refuse to relent on this.

    So now my situation is this, my inheritance is stuck in the executors account and there is NO WAY I can access it.

    Not because my sister won't pay me but because my sister bank won't let my sister release the money to me without my other sister being present with my sister at the bank in person.
    Because the executors account is a joint account in both my sisters names.


    My sister wants to pay me the money but my bank won't let her make the payment to me without the other sister being there with her at the bank.


    But because my other sister is in hospital and is not well enough to go to the bank with my other sister or sign for anything.
    It seems there is no way I can get my inheritance unless My sisters bank relents which they won't.

    And if my sister is in hospital for months and months which she could be.Or is so ill that she ever gets better,
    Then how the hell am I going to get my Inheritance?


    Since my sisters bank told my sister they won't let her make any payments to me unless my other sisters can also came to the bank to sign?

    But mum left me that money in her will and I have the will to prove it.
    So it's my money my sisters bank are holding that they won't release to me.
    Which is 118k, and the bank won't let my well sister send me the money because of some stupid RED Tape.

    So what the hell do I do now since my Solicitor has not said much about this?
    And if my other sister never gets better then how do I get my money??

    What legal action can I take to get my sisters bank to release my inheritance to me,since they won't even let my sister send the payment to me?
Page 1
    • MallyGirl
    • By MallyGirl 3rd Oct 16, 4:41 PM
    • 3,899 Posts
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    MallyGirl
    • #2
    • 3rd Oct 16, 4:41 PM
    • #2
    • 3rd Oct 16, 4:41 PM
    I think your sister is going to have some painful paperwork to do to declare the other sister incapable of managing the account so that it can be operated by her alone. It is unlikely to be quick to sort.
    • sleepymans
    • By sleepymans 3rd Oct 16, 4:49 PM
    • 810 Posts
    • 1,234 Thanks
    sleepymans
    • #3
    • 3rd Oct 16, 4:49 PM
    • #3
    • 3rd Oct 16, 4:49 PM
    Couldn't your sister authorise her bank to transfer the money into her sole namedbank account (at the same bank, if relevant), from the Executors account?
    If so then she can pay you from her own named account.
    Other than that I think she may need to get the other sister to agree to relinquish her executorship so that the resident sister is the sole executor and able to distribute the estate herself.
    Goddess
    • patman99
    • By patman99 3rd Oct 16, 4:54 PM
    • 8,283 Posts
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    patman99
    • #4
    • 3rd Oct 16, 4:54 PM
    • #4
    • 3rd Oct 16, 4:54 PM
    Is there any way that you could be added to the account as a signatory?.

    Would it be possible to get the hospital to issue an official notice stating that the incapacitated sister has not got the mental capacity to understand or carry-out the signing of documents in relation to this account?.
    Never Knowingly Understood.

    Member #1 of 1,000 challenge - 13.74/ 1000 (that's 1.374%)

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  • archived user
    • #5
    • 3rd Oct 16, 5:05 PM
    • #5
    • 3rd Oct 16, 5:05 PM
    Couldn't your sister authorise her bank to transfer the money into her sole namedbank account (at the same bank, if relevant), from the Executors account?
    If so then she can pay you from her own named account.
    Other than that I think she may need to get the other sister to agree to relinquish her executorship so that the resident sister is the sole executor and able to distribute the estate herself.
    Originally posted by sleepymans
    My sister says she has talked to her bank and explained the situation.

    But it seems from what she told me the bank won't budge.

    My sister wants to send the money to me by a CHAPS payment.
    Which is an electronic payment direct from her bank account to mine.
    But the bank say the other sisters has to also be with my sisters at the bank.
    So both sisters must be at the bank together in person to sign because it is such a lot of money.

    From what my sister told me Barclays Bank which is her bank won't make any exception on this.
    It is a joint account in both my sisters names.

    And even though the bank may know it is an executors account, that does not seem to make any difference to them.

    I am very upset and angry about this and I don't know what to do.
    Because it is MY INHERITANCE and my money being held in that bank.
    Which the bank won't let my sister give to me.
    That is not right.
    And if this situation continues, can my Solicitor get a court order to force Barclays bank release my money to me?


    Since I have my mothers will to prove that the money is mine because my mother left it to me in her will.
    But I cannot get it and don't have any access to it at all because Barclays bank won't let my sister pay the money to me.
    This is a nightmare for me and one of the things I was dreading.

    If my Solicitor won't help me get my money then I will go to another solicitor to fight it out in a court to get that bank to release my money, if I have to.
    Because it's not right.
    • TBagpuss
    • By TBagpuss 3rd Oct 16, 5:53 PM
    • 7,556 Posts
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    TBagpuss
    • #6
    • 3rd Oct 16, 5:53 PM
    • #6
    • 3rd Oct 16, 5:53 PM
    The bank will have policies which they must follow.

    I the sister who is unwell recovers in the near future then she will be able to go to the bank.

    If she remains ill in the longer term then steps will need to be taken to arrange for someone to act as her deputy (or to implement a power of attorney, if she has one) and then for her to be removed and replaced as executor

    These are not things which can be done overnight so you may have to be patient.

    It might be possible for your sister to transfer the money to you in several, smaller installments, if the bank has a policy of requiring both account holders to sign in person only for larger amounts.

    Banks have to be careful, and they will need evidence that the transfer is properly authorised. It's hugely frustrated but it is not anyone's fault. Unfortunately you are going to need to be patient a little longer, as the next steps will depend on whether your sister is likely to be ill for a long time or not.
  • archived user
    • #7
    • 3rd Oct 16, 6:08 PM
    • #7
    • 3rd Oct 16, 6:08 PM
    The bank will have policies which they must follow.

    I the sister who is unwell recovers in the near future then she will be able to go to the bank.

    If she remains ill in the longer term then steps will need to be taken to arrange for someone to act as her deputy (or to implement a power of attorney, if she has one) and then for her to be removed and replaced as executor

    These are not things which can be done overnight so you may have to be patient.

    It might be possible for your sister to transfer the money to you in several, smaller installments, if the bank has a policy of requiring both account holders to sign in person only for larger amounts.

    Banks have to be careful, and they will need evidence that the transfer is properly authorised. It's hugely frustrated but it is not anyone's fault. Unfortunately you are going to need to be patient a little longer, as the next steps will depend on whether your sister is likely to be ill for a long time or not.
    Originally posted by TBagpuss
    Well I am not sure if the money is in what they would call an official executors account or if it's just a joint account that my sisters have set up together.

    The only thing I understand is that my inheritance is is being held in my sisters account which is the executors account. And that I cannot get my money because my sisters bank won't let my sister pay it to me without the other sister.

    I don't know Barclays Bank since I have never banked with them and it is not my bank. I am with a different bank.
    But it seems that even my sister cannot take any money out of the account without the other sisters because it is a joint account.

    So what chance have I got of getting that money? Which is none because mum left it to me and I have the will to prove it.

    It seems I have got no chance of getting my inheritance and if my Solicitor won't help me then I am wiling to find another Solicitor.

    But then my solicitor is loosing out too. Because I am on welfare benefits and he knows I cannot pay him unless I get my inheritance because I don't have the money.
    So he won't be able to get his bill paid until I get my money.
    But now I am so upset after waiting so long.

    My sister tells me she is going to pay the next day.
    Then next morning she tells me she cannot because her bank won't let her.
    And now the other sister is in hospital and unable to do anything because she is so ill.

    This could go on for months or even years if she never gets better.
    Then this could mean I won't get my money because of that banks policy.

    I am devastated because I was given hope and now it has been taken away from me.
    I was always worried that something would go wrong and I might not get my money. But I never thought it would really happen and now it has and I don't know what to do about it.
    Last edited by annbarbs; 03-10-2016 at 6:10 PM.
    • patman99
    • By patman99 3rd Oct 16, 6:16 PM
    • 8,283 Posts
    • 9,854 Thanks
    patman99
    • #8
    • 3rd Oct 16, 6:16 PM
    • #8
    • 3rd Oct 16, 6:16 PM
    Is your sister able to pay-out small amounts without the 2nd sister's signature?.
    If so, that might be a way around it. If the Bank will allow single signature withdrawals or transfers of up to, say, 500 per day, then your sister could in theory make 236 daily transfers of 500 to your account. You would then be in charge of your 118k inheritance and in a position to pay your solicitor.
    Never Knowingly Understood.

    Member #1 of 1,000 challenge - 13.74/ 1000 (that's 1.374%)

    3-6 month EF 0/3600 (that's 0 days worth)

    Do you/your spouse earn less than 197 p/w ?. Fill-in Form R85 and get your Bank interest Tax free.
    • missbiggles1
    • By missbiggles1 3rd Oct 16, 6:17 PM
    • 16,254 Posts
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    missbiggles1
    • #9
    • 3rd Oct 16, 6:17 PM
    • #9
    • 3rd Oct 16, 6:17 PM
    For a start, good wishes to your sister who is so unwell, perhaps good may come of this if you can now get back in touch with her.

    Does the joint account need both signatures on a cheque because, if not, could she pay you the money by cheque?
    • note3
    • By note3 3rd Oct 16, 6:21 PM
    • 288 Posts
    • 411 Thanks
    note3
    Someone I know is currently executing a will jointly with another executor. They have a joint executor account which they can both access online and can individually transfer sums of money from. As part of executing the will one of them recently logged on and transferred several large sums to several beneficiaries. Does Sister A not have online access to this account and can therefore bypass the requirement for both to be present if doing the transfer at the bank
  • archived user
    Is your sister able to pay-out small amounts without the 2nd sister's signature?.
    If so, that might be a way around it. If the Bank will allow single signature withdrawals or transfers of up to, say, 500 per day, then your sister could in theory make 236 daily transfers of 500 to your account. You would then be in charge of your 118k inheritance and in a position to pay your solicitor.
    Originally posted by patman99
    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.
    • melanzana
    • By melanzana 3rd Oct 16, 6:31 PM
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    melanzana
    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.
  • archived user
    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.
    Originally posted by melanzana
    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.
    • iammumtoone
    • By iammumtoone 3rd Oct 16, 6:44 PM
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    iammumtoone
    I had exactly the same thoughts as poster note3 above re internet banking.
    Originally posted by melanzana
    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).
    • PasturesNew
    • By PasturesNew 3rd Oct 16, 6:49 PM
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    PasturesNew
    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.
    • melanzana
    • By melanzana 3rd Oct 16, 6:49 PM
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    melanzana
    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).
    Originally posted by iammumtoone
    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.
    • missbiggles1
    • By missbiggles1 3rd Oct 16, 6:54 PM
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    missbiggles1
    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.
    Originally posted by annbarbs
    Most joint accounts don't need both people to sign - ring your sister up and ask her.
    • iammumtoone
    • By iammumtoone 3rd Oct 16, 6:56 PM
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    iammumtoone
    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.
    • TW1234
    • By TW1234 3rd Oct 16, 7:14 PM
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    TW1234
    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.
    • elsien
    • By elsien 3rd Oct 16, 7:16 PM
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    elsien
    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.
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