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My mother left a will leaving her house to my sister and…

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My mother left a will...
My mother left a will leaving her house to my sister and money in the bank to be shared between 3 children my sister was made joint account holder so as to carry out mum's wishes and continue paying mum's bills until she passed away I have knowledge my sister took ten thousand pound from the account before mum passed without any reason and when mum passed she shared out what she said was remaining without any proof is this allowed
Submitted: 2 years ago.Category: German Law
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Answered in 21 hours by:
1/30/2016
Lawyer: EULawyer, Lawyer replied 2 years ago
EULawyer
EULawyer, Lawyer
Category: German Law
Satisfied Customers: 270
Experience: Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
Verified

Dear Customer,

Please receive my condolences. I am a bit unclear about where you are but from the question I understand this happened in the UK. The succession law is not unique in the UK, but is different for England and Wales, Scotland, Northern Ireland, and the other territories, each having separate laws for such matters. I will presume we are dealing with English law.

The basic principle is that a person who is a joint account holder may have access to the account at any time, and, from the bank's point of view, does not have to justify it. Justification happens, on a private level, between the two co-holders of the account. Therefore, the money taken from the bank account before the time of death are not per se illegal, as she was entitled to take it. The question is what did she do with them, and, if they actually belonged to your mother, whether she can justify using them according to her wishes.

Furthermore, she should not have distributed the money in the account without a probate.

The way to contest her decisions is to ask for her removal, and potentially for a court-ordered inventory of your mother's assets, asking it to include the money she took before, so that it is included in the money to be distributed.

Please look at these two informative pages (not meaning to promote them, just they are quite clear about what can be done): here, and here. The relevant legalese (the Civil Procedure Rules for filing and dealing with such claims) is here.

I hope my answer was useful and that you will have success in your endeavor.

Cordially,

Dr I L Vlad

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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