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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33953
Experience:  25 years experience of all aspects of family law
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My mother passed away on May 20th. In a will, she gave me in

Customer Question

My mother passed away on May 20th. In a will, she gave me in 2011, I was appointed the soul executor and trustee. So, in the circumstances, in the few days following her death and before the death certificate was issued, I may certain transfer from her
bank account and used a Credit card in my name which gave me 3rd party access to her bank account. Can they later? I was informed by my daughter that there is a new will and that she and my niece are the executors and trustees and the soul beneficiaries of
the estate. In the will I had in my possession, I was to benefit from 80% of the estate. Interestingly, my daughter was not aware herself of this new will of the time of my mother's death. I have now received an email from my daughter informing me that she
as an executive, is legally obliged to recover all of the assets at the time of my mother's death. I should say now, that it is my intention to dispute the will as I believed my mother was manipulated by my very adverserial niece. Was I believe I was asking
in good faith, I now being accused of having stolen this assets. I am also told that many of the web transactions I undertook fraudulent, as my mother's bank card "it was in fact a bank card in my name with TPA rights" as I used PayPal, each account is not
in my mother's name or registered to her. "Why should it be?" and consequently Barclays "my mother's bank and issue her the debit card in my name" and PayPal are pressumed fraud investigation. I am also told that the involvement of the financial Ombudsman
and CA FCA is now also required. Finally, I am told that this is now a criminal matter and that >>the police that keen to get involve. Against this background, how do you see my position? I was ready to for the will to be disputed but not for the charges of
theft, fraud, and generally criminal misconduct. What should I do?
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
I am trying to increase the amount required to get an answer to this question but can't see how to do so......
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
In which State were the Wills signed?
Has anyone filed a probate petition yet?
Customer: replied 1 year ago.
THIS IS A UK ESTATE LAW QUESTION. I DON'T KNOW HOW I ENDED UP IN THE USA. PLEASE INFORM JUSTANSWER THAT THEY HAVE GOT THE COUNTRY WRONG. THANKS.
Expert:  N Cal Attorney replied 1 year ago.
Will do.
Please do not reply as that will delay the UK Experts from seeing the question.
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I shall do my best to help you but I need some further information first.
For clarity - you removed money from your mother's accounts AFTER her death?
Clare
Customer: replied 1 year ago.
I am getting somewhere with the matter of contesting my Mother's will. Whilst I now understand that a new will can be prepared without there be any obligation to inform me and that an executor and trustee can be appointed without them being informed. I have registered a caveat on the basis that I do not necessarily believe that my Mother was in an appropriate mental state as this will was prepared and signed within 90 days of her having attempted to take her own life. I have requested medical records etc to verify or otherwise my belief. As regards ***** ***** funds, yes I did make payments and withdraw funds in the days following her demise. While not ideal I was advised that should I be the sole executor, trustee and beneficiary the bank should be OK with that. The majority of payments made after my Mother's demise were to settle commitments made prior to her demise. And they were commitments agreed (verbally) with my Mother. I had no reason to think that the will had been changed as only 2 months before her sudden demise, my Mother had signed and I had lodged applications with the Office of the Public Guardian giving me sole lasting power of attorney regarding her medical affairs. I can handle any civil claim BUT I have been advised by my daughter no less that they intend to involve the police, Financial Ombudsman, FCA etc as I have stolen the money and even worse they are looking to have me investigated for fraud as I had a credit card in my name with TPA to my Mother's bank account which I had registered with PayPal (in my name of course) but the now executors of this new will claim fraud as the PayPal account was not registered in my Mother's name. I don't get that one. I understand the applications of the registering of the caveat and what could come next but would ask whether this might have any implications for the actions that are currently being taken to ''recover'' funds for my Mother's estate. For example, one of the executors has already had cancelled all payments made with my TPA credit card to fly to the UK and take some of my Mother's ashes alongside my Father's. I was obliged to cancel the trip as the car rental and hotel reservations were revoked. More importantly I want to understand matters related to the actions being taken against me when I believed I was acting in good faith and was, as far as I am concerned, obliged to complete the financial obligations committed to before my Mother's demise to avoid financial loss. I hope this helps. I hope JA informed you that I, as requested by them increased the amount to be paid, as I wanted a very detailed answer....Many thanks. PS. if a call is easier, no problem for me albeit that I live in Turkey and would want to use Skype.
Expert:  Clare replied 1 year ago.
Hi
I am sorry - I do not know who told you that it was acceptable to use the accounts but they were wrong.
Whether or not you were the Executor the account should have been frozen at the moment of your mother's death and any funds that you have received should indeed be returned to the estate as technically this was indeed fraud.
You should arrange for the return of the funds to the Estate as soon as possible to strengthen your position when it comes to challenging the Will
With regard to the Paypal account you need to show that your mother was aware of and approved the fact that your account was linked to her bank account
However even if you cannot provide proof it is unlikely that the matter will in fact go further as equally there is no evidence that she was NOT aware of it
So far as challenging the Will is concerned you have taken all the proper steps
You should also ask for a copy of the Solicitor's file from preparing the Will which should be made available to you under the rule of Larke - V Nugus
http://www.inheritancedisputes.co.uk/news-articles/what-larke-v-nugus-statement.html
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks. That's now clear. What actions can the executors take against me to recover the funds. Is this a criminal or civil matter? One step that has been taken to issue chargebacks concerning payments made by credit card. What can the executors do about transfers that were made from the bank account? Can they try to get them back from the recipients? Do the executors have any recourse to the bank for ATM withdrawals that I made post demise. I am the claimant in a lawsuit I am prosecuting in the Quuen's Bench Division. My Mother has been paying the fees (clearly from her bank statements) and I was obliged to pay a fee after her demise to the barrister's chambers. If I had not, I would not have been represented at a HCJ hearing. What is the situation with something like this? Thanks.
Customer: replied 1 year ago.
Hoping to hear from you soon. I contacted the solicitors who prepared the will and they will not release the client ( my Mother) file to me. They say that Larke v Nugus refers to making a claim against the Estate (is that the same as me contesting the will as I am not making any claim, financial-wise,at this time) and that I would need to request the file from the executors and/or the solicitors representing them now. I have sent an email to the executors ( my daughter and niece) and asked them to give me the name of their solicitor. They have not replied to this or indeed any of my communications. I need those meeting notes to see how my caveat is going to hold up based on mental incapacity of my Mother to rewrite her will. What other action can I take to get a) a copy of this new will and b) a copy of the meeting notes taken by the solicitor who prepared the new will? Your opinion on PayPal and the unlikelihood of a fraud charge sticking is, I believe, spot on. Please be in touch as this is time sensitive. I think tomorrow I should send you a copy of the email my daughter send me which includes the theft, fraud allegations and the bringing in the police threat. Thanks.
Expert:  Clare replied 1 year ago.
Hi
It is a Civil matter and you can be sued for all the monies that you arranged to leave the account after your mother died
I am sorry but the reason why you did it is irrelevant - you were not legally entitled to do so and the money belongs to the estate.
There is no defence to the claim
The solicitor is wrong - such a request is not about making a claim against the estate ii is about challenging the Will, so I suggest you make a formal written request
Clare
Customer: replied 1 year ago.
Formal written request to whom and what should it say. Clare, telling me the solicitor is wrong doesn't help me much. If you are losing interest in helping me in a detailed manner please pass to another solicitor. Your last response is NOT of the quality that I am used to receiving from JA associates.
Expert:  Clare replied 1 year ago.
Hi
I am sorry but I am not sure what further information you are looking for .
The solicitor is either mistaken or misunderstood your question
You can find an excellent guide to what should be in the letter on this website
www.actaps.com/actapscode.doc
Clare
Customer: replied 1 year ago.
Clare. I have looked at ACTAPS and it is helpful but I want to know what to put into a letter to the solicitors that prepared the will that will convince them that they should release my Mother's client file. Also the manager of the care home in which my Mother was a permanent resident at the time of her demise have come back telling me that they cannot release my Mother's medical records to me without the authorisation of the executors of her estate. As I have registered a caveat based on my Mother not being of sound state of mind when she signed this new will and will clearly need the medical records to eba ble to ascertain whether my belief is correct or not and as one of the executors, in my opinion manipulated my Mother into signing this new will to her personal financial benefit how can it be that I have to have these trustees permission to obtain copies of said medical records. If it's bull please outline what I should say to the care home in order to get them to release these records..Many thanks.
Expert:  Clare replied 1 year ago.
Hi
There is in fact a precedent letter you can adapt in the article I sent you, it is a clear letter that refers to the guidance which has been given on the matter
I am afraid that the nursing home is correct - you are not entitled to the medical records - only the executors are.
In the event that there is a dispute then within any court proceedings they will be ordered to release the details
Clare
Customer: replied 1 year ago.
Clare a) could you please confirm on which page of the ACTAPS link you gave me can be found the letter that I can modify? And again that is the letter that I would address to the solicitors who prepared my Mother's new will, correct; b) the matter of the medical records is a quandary----I have registered a caveat on the basis that my Mum's state of mind, due to her attempted suicide less that 90 days before, was not as it should have been for her to have prepared and sign a new will nor without the coercion or manipulation of one of the new executors (who may well have interest in me not seeing the meeting notes or medical records), caveat which probably result in a ''warning'' being issued. I understand that in response to such a warning I will be asked to justify my caveat registration which I will not be able to do without sight of my Mother's medical records (nor indeed the meeting notes). Nor indeed would I have an opportunity to withdraw my caveat (and avoid uneccessary costs) without seeing the medical notes (and meeting records). So how does that work? Also despite 3 requests now the executors have declined to provide me with a copy of the new will. How do I get one? Many thanks.
Expert:  Clare replied 1 year ago.
Hi
It is on Page 9
I am afraid that your only option is to state that you have doubts over your mother's mental capacity and invite the Executors to provide evidence to support there claim that she did have capacity. This is not an unusual position
Clare

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