Joint bank accounts, if one person dies does the other person automatically inherit?

[fatnfrumpy]

My DM was married for 7 years after a relationship of nearly 15 years.
She had joint accounts with her husband. The money in these joint accounts was from her husbnd. My DM had her own personal accounts which her pension etc was paid into.
When her husband died she inherited the joint accounts by survivorship.
Her step daughter is now sueing for the 48k from these joint accounts as she says she can prove my DM did not contribute to the funds in these accounts.
Does the step daughter have a case?

[HecateWhoopass]

No idea. your mum needs a solicitor.

Did her husband not have a will?

I thought that the spouse inherits everything up to a certain figure?

I've just found this click here

any use?

[HecateWhoopass]

looks from that link I gave that it's very straightforward.

Spouse inherits everything up to £250,000.

Everything above that gets split.

If there's no will, that is.

[SoggySummer]

yep there is the £250k rule but your mum really needs to get good legal advice now from a solicitor.

If you dont have one known to you google and look in yellow pages and see what they specialise in.

[fatnfrumpy]

DM does have a solicitor but he has suggested my DM needs a barrister to defend her in court.
Just wondered what the chances are of SD having a case or winning.

[HecateWhoopass]

I don't think anyone can answer that. Yes, if your mum gets taken to court she should certainly have a barrister. They will be able to best argue.

Did his daughter inherit nothing at all?

[HecateWhoopass]

sorry, meant to add - was that his wish? That his child/ren would not inherit anything that he brought to the marriage?

If that's the case, it must have hurt her.

It may not be about money so much as what money means. iyswim.

Of course, if his children did inherit, and she just wants everything - then she's a cow.

[fatnfrumpy]

His DD and DS inherited over 200k and they noe want the 48k from the joint accounts.

[ssd]

the sd might be grieving her dad, were they close?

and how is your mum?

[ssd]

och!!

time for your mum to get a lawyer I think

[exexpat]

In the UK, yes, joint accounts automatically go to the survivor. See this page here: www.thinkmoney.co.uk/joint-bank-account/joint-bank-account-death/ The bank will simply transfer it into her name and it doesn't have to go through probate. I think the rules can be different in some other countries, but I assume from your post that they are English?

[Shanghaidiva]

exexpat is right the money passes under the rules of survivorship and is not part of the deceased's estate and does not go through probate. The way the account is held is that they each own 100% of the money (if that makes sense) and not a portion of the money.
It's the same if you own a house as joint tenants - the house passes to the survivor(s).

[HecateWhoopass]

Wow.

yes.

Your mum needs some very good representation.

did your mum inherit the first £250,000 and this is on top of that?

Was there a will?

It sounds complicated and I don't think any of us know enough about the situation to even try to tell you how it is likely to go. I know you just want to be able to reassure her in some small way. But she really needs a good lawyer who will represent her in court.

[MOSagain]

OP you need to clarify whether or not these is a will as any advice given will depend on that

[fatnfrumpy]

My DM got her half of the marital home and the joint bank accounts.
His DD and DS got his half of the house, which they sold.
Now they are taking my DM to court for the 48k in the joint accounts because they say she did not contribute any money into the joint accounts.
Her barrister says it is a grey area as the judge might think it is fair. In which case she has to pay back the 48k plus all costs.

[fatnfrumpy]

Yes he left a will written in 1997 which left DM half the house and his DD and DS the other half, with the proviso she could only live in the marital home for one year, then it had to be sold so his children inherited.
The only money was the 48k
Over the last ten years he had been giving his children £500 per month cash to get rid of IHT.

[Rangirl]

It is a common misconception that joint bank a/cs go to the survivor While often they do (as on exexpat link above) there are exceptions and the circumstances here ie one party putting the funds into the a/c is one Have to look at was there an intention of donation to the other party Complex area She needs specialist advice This seems to be what her solicitor thinks too as he is recommending a barrister.All going to cost a lot,any chance of a deal being struck?

[Rangirl]

Does the will make any provision for the residue of the estate?Unusual for a will just to deal with the house?

[HecateWhoopass]

Isn't it the case that anything given under 7 years before your death is subject to that?

I am not a legal bod so may be wrong. but if it's correct - perhaps your mum should be bringing that into it.

Trigger an investigation into whether they should be paying inheritance tax on what their dad gave them?

I'd do it, if they were being so spiteful and greedy.

But then I am very petty

[HecateWhoopass]

The will didn't say anything at all about money or other assets or possessions?

[OnTheBottomWithAWomansWeekly]

I'm not a lawyer, but have dealt a little with Irish inheritances. Irish law can be very similar to UK law - in fact, sometimes UK cases are used when arguing a case in an Irish court.

In Ireland a grown up child, who is no longer financially dependant on their parent, is not automatically entitled to any of the estate on the death of that parent (unless of course the parent has willed some of it to the child). They can sue, but it won't be automatically upheld.

So if the children are financially independant, and the money that he has been giving them can be proved to be not their main income, your mum may be OK. But as everyone else says, specialist advice is a must!

(Oh and I do like what Hecate says about triggering an investigation...)

[OnTheBottomWithAWomansWeekly]

Just did some sums:

£500 per month for 10 years - they've had £600,000 from him already????? (was that in total or each??) If it's each, he's handed out £1.2 million ...

PLUS she had to sell the house - her home - to give them their half of it?

Greedy, greedy fuckers.

I know for your mum's happiness she might want to come to some arrangement and draw a line under it, to get these grasping people out of her life, but god if it were me I'd get the best barrister EVER and pin them to the wall. Even if after fees I only got £1!

[OnTheBottomWithAWomansWeekly]

Fuck I can't multiply - take a zero off each figure I have in my previous email and please ignore my frothing

They have either had £30K each or £60K each though, so I still think they are greedy (but not quite as much)!

[fatnfrumpy]

They were given £500 each per month in cash for ten years to wittle away his money before he died.
DM got half the house and the 48k in joint accounts, there was nothing else left.
His kids sold the house and kept all the furniture and chattals as they said HE bought them.

[HecateWhoopass]

Seriously OP - I'd be reporting the inheritance tax avoidance.

Or at least reminding about it and suggesting they might want to think again...