Ex-Husband

[jennyjoan]

An ex-husband has died this week, ex-wife did keep communication up with even they were completely divorced. They had 2 sons and now the wife has told the sons that she is keeping the bank book as she and ex had a joint account and so it is her money. Do think she kept the old married name on the bank account.

Sons are going mad since they think it their inheritance

I know nothing about the law but since her name even if it is the old name - will stand as it was a joint account and the lads cannot do anything about it.

Anybody know.

[maggiebee]

Not sure JJ, but why would she change her name anyway? Laws are different in different countries so she, or sons, should seek legal advice.

[jennyjoan]

sorry Maggie - meant to mention she married again so of course had different name but left the old married name on the joint bank account.

[AuntPG]

the sons need to contact a Solicitor, though I have a feeling that if her name is on the bank book ( married or maiden name) then half of the money will be hers by right. The other half, I would presume, would be classed as the Estate of the deceased and be included in any will. If there is no Will then the Intestacy laws kick in which means the deceased's children would become beneficiaries of his Estate, including half of the money in a joint account.

Jenny, this is only a presumption and they would do well to see a Solicitor.

[naomi24]

I don't think the name is relevant. If it's a joint account, the money is hers I think. I know someone who opened an account with her daughter and put all her money in that so that the daughter wouldn't have any problems getting access to it once the lady died - and she didn't have any problems.

[Sqad]

Wasn't there a will when the husband died?

[AuntPG]

Naomi -yes I didn't think of that. Like a house owned under Joint Tenancy, the owners both own the whole, not half each. Not sure about joint bank accounts but I have a feeling you are correct.

[AuntPG]

Sqad, even if there was a Will if the bank account has her name on it its not classed as part of the Deceased Estate.

[jennyjoan]

I personally think that the whole purpose is what Aunt has said - money put into joint account for convenience and whomever dies first the other gets the money. ie no need for law involvement unless there is a will but they doubt there is/was.

I think it is awful this talk about money and he only died on Thursday. His body hardly even cold.

[AuntPG]

What about his other assets? House for instance ? If he has no Will the children will inherit this surely? They still need a Solicitor though.

[jennyjoan]

Aunt - he had nothing else - lived in housing executive property - little materialistic stuff - I never met him but a sad man - don't think he got over the wife leaving him - but the first son was excellent to him at the end as in caring for him in his flat - as he did not want to end up in a hospice. So first son did care for him 24 hours a day for 3 weeks. So the bank book was all he had which of course ex-wife (son's mother) has.

[THECORBYLOON]

"Money in joint accounts

The deceased person may have held money with another person in a joint bank or building society account. Normally this means that the surviving joint owner automatically owns the money. The money does not form part of the deceased person's estate for administration and therefore does not need to be dealt with by the executor or administrator."

https://www.nidirect.gov.uk/articles/dealing-deceased-persons-money-and-property

[Peter Pedant]

agree Naomi
//If it's a joint account, the money is hers I think.//

and yup I have opened a series of jt accts so that when I die...

[Peter Pedant]

chrissakes everryone
the leading case (*) is Northam

https://www.dfalaw.co.uk/faq_type/happens-joint-account-someone-died/

https://www.lesteraldridge.com/blog/tax-trusts-wills-probate/joint-bank-accounts-who-actually-owns-the-money/

he case of Re Northall (deceased) [2010] EWHC 1448 (Ch) demonstrates the difficulties that can occur on the death of one party when funds have been placed in a joint bank account. In this case the mother, Mrs Northall, had purchased a council house with one of her sons.

( court said she had put it in and so it was hers and not the sons)

[AuntPG]

^^^^^ Peter we all knew that 'doh' we were just dumbing down for your sake.............

[Peter Pedant]

This is not new
I have said it before
well OK it is new because no one reads what I write

[Peter Pedant]

I agree with Roadman - the jt holder has first dibs. It seems pretty obvious that it was set up so that the joint holder would get the moolah....

Northall, it was pretty obvious ( and agreed ) that the contributor ( payer in of the money ) was different to the one claiming survivorship - The case comes into play where a grandchild ( eg) has looted a grandparents account ( which happened in my famly). Repayment was enforced

[1ozzy]

//This is not new
I have said it before
well OK it is new because no one reads what I write//

I do Pete ;-)

[Peter Pedant]

Hi Lozza
bit sleepless
if ever there were a case for writing a will.....

I have written mine - everyone knows who gets what - someone got jam yesterday so there has to be unequal division tomorrow....

[1ozzy]

And the world keeps turning

[Peter Pedant]

glued to heir hunters I have to admit
and also long lost family....

("I left my baby in the men's bog because I knew it would be found") blimey o riley some people