Ho Has Enougth Knowledge Of The Law To See If I Have A Case Against The Nationwidse Building Society

[Richardo333]

Nationwide building Society gave the Estate money of my late father to my sister also named in the Will, who has no address, lives overseas and cannot be traced, with no notification to myself the other joint executer with my sister, it is myself who is also owed money, I paid for everything and need to settle the outstanding debts. As a joint executer, I am liable for these debts. I was not notified of the closure by Nationwide, have tried everything I can think of, the Ombudsman that was neither thorough nor complete, then they are paid by the banks and building society, You and yours (3 times), newspapers etc of which no-one has taken up the case. Needs someone with enough of the knowledge of the law to see if I have a very good case against Nationwide as my money has disappeared, high street solicitors it is beyond their scope and I am at a loss to find the answer ?.

[davebro]

I don't think anyone here can help. I would be trawling through all the solicitors I could find in the hope of getting one to take up the case. Are the sums involved substantial? Once the BS appreciates it may get involved in legal action they may seek a resolution.

[Zacs-Master]

Was the will drawn up by solicitors?

[naomi24]

Could the will have been change and Nationwide appointed as executors without your knowledge?

[Peter Pedant]

Barmaid may answer, equity QC in real life
the rest of us dont
You have asked this before but no one seems to have noticed hem hem
It depends on whether the law allows one executor to act or enforces both. We clearly dont know the clear answer to that.
We dont know if probate has been applied for - by one or other of you, and what action the Bank took
They are presumably saying - "nothing to do with you, we have closed the case"

Didnt we say, that your main case was against the disappeared sister, and you came back with yeah and who else

Time for a real soliicitor who does wills and probate on the high st ( yeah moolah, fees etc)

[Peter Pedant]

You are asking - forget my sista who has disappeared into the aether,who else will pay

and everyone National, Ombuds, You and Yours ( You and Hers hur hur hur) sundry walk-ins AND all of AB say - you have a case against the sista and very little else and very weak ones if any

You know who the thief is, why are you asking any of us for more?

[naomi24]

I'm curious to know how the money was given to someone who cannot be traced.

[Peter Pedant]

but it dont get the moolah back - sortta off thread again.

Having sorted out an estate, no one said, "what about the uvva one den?" Meaning " what about the second executor, you shot him or what?" - I went in wivva passport, (sozza Ricardo, have to write in Essex dialect) and I said " I am the deceased's rep on earth." and the bank said "yeah" and I said "I want the thruppence ha'penny sent straight to the undertaker whose address I have here, and they said - "certainly sir".

The coroners officer said " and of course you will give his ring and wallet to the next-of-kin" and I said - "no the inheritor is John Smith". and she almost said, so what(*)

and the brother in law said - "we want all the cash you found in the table drawer", and I said there was none, but did not invite them to contribute to the funeral costs.

Others have said, executors have to go around, bound together like siamese twins. My mother's shares was sorted out by my brother (who then rendered a final account) by himself.

So the answer is: we still dont know

[Richardo333]

Will drawn up by my sister's solicitor many years ago when she was partly residing in this country the rest of the time in the Bahamas. I was not given a copy and did not know of its existence and all of a sudden it suddenly appeared after my father died. Will not changed I was appointed as joint executer, she made a false application to Nationwide with an address in this country, Nationwide just accepted that the address given was genuine and did no checks. I paid for the probate and everything else despite my father’s account being with Nationwide. A loan my father took out is still accruing interest, and I was not informed of the money paid out by Nationwide. Sister has a British passport but police are not pursing someone they cannot trace.

[naomi24]

But if she's untraceable how did she get the money? It must have been paid into a bank account.

[Richardo333]

Although she is not resident in this country, has a British Nat west account who will not reveal details, Nationwide will not disclose any information apart from a copy of the cheque made out to her and giving an address in Italy where she has never lived. Solicitor wrote to all the addresses she has used and never received any reply. She has never admitted she has the money or done anything to settle the estate.

[THECORBYLOON]

If the Financial Ombudsman were involved, what reasons did they give for rejecting your claim?

[bobbinwales]

This is the same as was covered when you asked before. If solicitors cant help then either theres no case or you need top specialist solicitors but thats expensive. Were you appointed as joint execs to act jointly or was it an either/or nneding only one of you.

[Richardo333]

Ombudsman said it only needed one applicant to pay out, with no mention of why I was not informed at the time or afterwards that it had taken place. Joint and several, as sister lives abroad, the Nationwide would not even tell my M.P. why I was never informed that payment was about to take place or afterwards that it had taken place, I had even written to them some 1 year later, unaware that the money had been paid to my sister, informing Nationwide that my sister was due to visit this country soon, and I would be hoping to be able to progress with my father's estate. Nationwide never replied and I had also sent them a copy of a letter sent to my sister (post office box in the Bahamas) and again Nationwide never replied t o tell me the money had been paid out and the account closed.

[bobbinwales]

So you have the answer. Nationwide did what it should in law as your sister had authorety.

[THECORBYLOON]

As you were executors jointly and severally you are each able to act alone. This, from The Gazette, confirms that,

"Where there are multiple executors, they can act on their own (severally) or as a group (jointly). However, the act of one of them is deemed in law to be an act of all of them. This means that even if the other executors disagree with the action/decision of another, the action/decision is still binding."

https://www.thegazette.co.uk/all-notices/content/104021

The Ombudsman has confirmed your sister was permitted to act alone so I cannot see your having a claim against the bank.