My mother's will

[Velvetee]

I've just been reading someone elses post about their deceased mother's will and wondered about my own and what to do next.

All her bank accounts were in joint names, herself and me and signatories. I have since withdrawn all the money from two accounts and placed it into one of my own, so I can use it for funeral costs so far incurred. Is what I have done legal?

She has a will, which I am in posession of. Is my next step to inform her solicitor, so they can contact all those named in the will. How does it work?

Thanks

[factor-fiction]

Did you have power of attorney? If so, I think that expires on death so you may find the money you withdrew belongs to the estate.
The executor (is that you? or her solicitor?) needs to get probate- contact the probate office.

[Velvetee]

Thanks Factor, all sounds complicated. No I didn't have Power of Attorney, but I am the executor of the will.

I will contact her Solicitor and see what is to be done next.

[Buenchico]

If there's a will, the first step should be to read it to check who's named as executor.

That person (or persons, if more than one executor is named) should then seek grant of probate. Many people use the services of a solicitor to seek probate but it's not normally necessary. If your mother took the unwise ( = expensive!) step of naming her solicitor as executor you'll have no choice in the matter. Otherwise (unless the will is very complex) it's fairly easy for anyone (who's confident with a bit of form-filling) to apply for the grant.

Nobody can touch your mother's estate until grant of probate has been obtained but you've done nothing wrong by taking money out of a joint account (since you'd have been able to do that anyway if your mother was still alive). Technically you should have told the bank about your mother's death before withdrawing the funds (and provided them with a copy of her death certificate) but you won't find yourself in trouble for failing to do so.

Probate registry staff are extremely helpful and will guide you (or whoever the executor is) through the process of applying for the grant. Contact details for your local office can be found here:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/registries.htm
There's also a telephone helpline:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/helpline.htm

Chris

[Buenchico]

I was typing while you were posting.

Unless the will is particularly complex (or you're not confident with a bit of basic form-filling) I urge you not to involve a solicitor. Just seek the advice of the staff at the Probate Registry and you'll be able to do everything yourself (with a considerable financial saving).

Chris

[Velvetee]

Thanks Buenchico, that was very informative. I believe I am the Executor, but will check. I should be able to fill the forms out myself and will look at the links you provided.

[dzug]

Surely if they were joint accounts they are automatically yours on death?

[Barmaid]

dzug - not necessarily so. It is quite usual for joint account between husband and wife to pass on survivorship. However, joint accounts between others are not so easy - particularly if the reason for them being in joint names was to facilitate bill paying and the deceased was the main contributor to the account. This raises the presumption of a constructive or resulting trust and the asset may well pass under the terms of the will rather than through survivorship.