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Two executors when probate names only one executor?

Two executors when probate names only one executor?

Postby raydona » Tue Mar 01, 2016 3:24 pm

Hello,
My mother passed away in Sepetember 2013. I was granted the probate in December 2015 as my mother named me the sole executor of her will. I do not get on with my father and have no communication with him. I have no knowledge of my mother's financial affairs as they were always managed by my father.
I wrote to banks and building socities asking if my mother held any accounts with them. Below is part of a reply I got from a building society. The building society was sent a copy of the probate which stated that I was the executor.

I can confirm that account ******** was closed by our savings process team. Upon further investigation this was as part of our bereavement process. On the ** November 2013 we were contacted by a Mr. ******** (my father) who visited a branch to register the death of the late Mrs. ******** As the balance in the account is below £5,000.00 we are able to close the account without Grant of Probate or a signature and stamp from a solicitors.
Mr. ******** (my father) confirmed he was the executor and entitled to this money, due to this the funds were transferred to the nominated account of his choice.
This is in line with the Bereavemment process and all procedures were followed correctly.


How was my father able to confirm he was the executor? Is it correct when the building society states "all procedures were followed correctly"? If there has been any wrongdoing how should I pursue this?
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Re: Two executors when probate names only one executor?

Postby atticus » Tue Mar 01, 2016 3:31 pm

Banks do this for relatively small (to them) amounts. Usually it's a lot less hassle. Your father will probably have given the bank an indemnity.

You should write to this bank saying that you are the executor, that the bank should not have paid out to your father, and requiring the bank to pay you. If it does so, the bank will claim against your father under his indemnity. I expect the bank will first conduct checks that you and your father are not colluding in this. You may have to sue.
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Re: Two executors when probate names only one executor?

Postby Millbrook2 » Tue Mar 01, 2016 5:30 pm

Firstly was the account a joint one. Secondly who is the beneficiary - I appreciate this may not be relevant but it could easily be so.
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Re: Two executors when probate names only one executor?

Postby raydona » Wed Mar 02, 2016 1:18 am

Hello, Thank you for your replies. The account was not a joint one, it was a sole account belonging to my mother. I am the beneficiary.
What is confusing me is the term "executor" as used by the building society. Can someone be an executor without being named in a will? What kind of documents does a person require to show he/she is an executor?
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Re: Two executors when probate names only one executor?

Postby atticus » Wed Mar 02, 2016 6:48 am

The answer is no. The title of executor derives from the Will.
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Re: Two executors when probate names only one executor?

Postby shootist » Wed Mar 02, 2016 8:21 am

Depending upon circumstances the father could have committed fraud.
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Re: Two executors when probate names only one executor?

Postby dls » Thu Mar 03, 2016 5:50 pm

The father may have filled out a standard form which will probably allow either that he is asserting that he is executor or that he intends to take out a grant of administration.

Point out to the society that they may have followed their internal procedures perfectly but that such internal procedures have no effect in law, being merely a decision by them to take certain risks. In this case the risk has, sadly, materialised. They owe the money to the estate as represented by the executor, once confirmed by the grant of probate. They can if they choose recover the money from the person who misled them, but hey owe the sum mispaid to the estate.
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Re: Two executors when probate names only one executor?

Postby dls » Thu Mar 03, 2016 5:53 pm

That said, they will be very reluctant to fess up.
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