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Thomas
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My brother took 7000 pounds from my mothers bank account .

Resolved Question:

My brother took 7000 pounds from my mothers bank account . I only found out by seeing a bank statement, when i asked him he said that it would be paid back in the next few weeks that was over a year ago and I don't know if he paid it back. My mother passed away on the 18th of this month. He had made her will out some time before that and I don't believe it's legal. When I asked my mother about the money missing from her account she told me that she did not know why it had been taken out of her account. What can I do to find out if it's been repayed back. Thank you. John Preston.( U.K.)
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi John,

 

Thanks for your question.

 

If you have doubts about the legality of the Will because either it was incorrectly executed or your brother put pressure (undue influence) on your mother to make/sign the will then you have to see a contentious probate solicitor.

 

He will also be able to deal with the withdrawal of monies from your mother's account,

 

If after taking your specific advice the solicitor consider that there are grounds for opposing the administration of the estate then they will enter a caveat against the estate. This prevent a grant of probate being issued in the estate so that your mother's assets cannot be dealt with by her executors. It costs £15 and lasts for 6 months.

 

Your solicitor will correspond with your brother (or his solicitors) with a view to making sure that your mother's estate is not administered in accordance with an illegal will.

 

You can find solicitors in your area using the following Law Society search engine:-http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

Enter your postcode and select "wills and probate".

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards.

 

Tom



Edited by Thomas on 10/31/2010 at 9:11 AM EST
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6599
Experience: BA (Hons), PgDip, Practising Solicitor
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