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Legal matters

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When can a residuary beneficiary under a will see the accounts?

8 replies

inheritancetrack · 03/02/2022 20:58

So whether the bank accounts that have been closed, pensions informed, insurances surrendered etc, and where the money is lodged and so on. We are not sure Probate has been granted as the website is down until tomorrow when we will check again. However there has been a letter from the Deceased's bank with yet more allegations the Spouse is attempting to take money from the accounts (they aren't) and we have asked the bank to write clarifying this in the hope it stops the executors from further libellous statements. We are a bit cross tbh.

The Will is being challenged under the inheritance act and the executors are refusing to supply any documents or engage with the other beneficiary (Spouse).

The challenge is from the deceased's spouse on the grounds it leaves insufficient financial provision, and the two adult children are the other beneficiaries and the executors.

All reside in England.

OP posts:
MichelleScarn · 03/02/2022 21:02

Is the deceased spouse the parent of the adult children? Do they not have any other means of financial provision? Pension/wages? What would they do without the deceaseds money?

prh47bridge · 03/02/2022 23:59

The residuary beneficiary is not entitled to see the accounts until the estate administration has been finalised.

tkwal · 04/02/2022 09:23

Are/were the bank accounts in question solely in the name of the deceased or were they joint accounts ? If they were joint and being unable to access them is causing hardship to the other signatory then contact the branch manager, if one exists or the financial ombudsman

inheritancetrack · 04/02/2022 10:25

@prh47bridge

The residuary beneficiary is not entitled to see the accounts until the estate administration has been finalised.

Does finalised mean probate has been granted, funds moved into a holding account under the care of the probate solicitor and then the funds distributed in accordance with the will?

All accounts in the sole name of the deceased.

Spouse is not dependent on the funds held in the deceased's frozen accounts.

OP posts:
prh47bridge · 04/02/2022 12:10

It means the executors have finished their work, paid off the debts and distributed the funds. Some of the items on your list are dependent on things that aren't compulsory, such as using a solicitor.

MichelleScarn · 04/02/2022 12:25

Spouse is not dependent on the funds held in the deceased's frozen accounts.
But your op says

The challenge is from the deceased's spouse on the grounds it leaves insufficient financial provision

I don't understand legal things very well, but are they not completely different statements? How can they not be dependent on the funds, but have insufficient financial provision?

prh47bridge · 04/02/2022 13:06

@MichelleScarn

Spouse is not dependent on the funds held in the deceased's frozen accounts. But your op says

The challenge is from the deceased's spouse on the grounds it leaves insufficient financial provision

I don't understand legal things very well, but are they not completely different statements? How can they not be dependent on the funds, but have insufficient financial provision?

No, they are not. In broad terms, claiming that your deceased spouse has not made sufficient financial provision for you in their will does not mean you don't have enough to live. It means they have left you less than you would have received had you divorced.
inheritancetrack · 04/02/2022 14:10

@MichelleScarn

Spouse is not dependent on the funds held in the deceased's frozen accounts. But your op says

The challenge is from the deceased's spouse on the grounds it leaves insufficient financial provision

I don't understand legal things very well, but are they not completely different statements? How can they not be dependent on the funds, but have insufficient financial provision?

The Will is being challenged under the Inheritance Act in that it did not make adequate financial provision for the spouse. This isn't to do with the money held in savings and bank accounts and pensions, but includes housing. They are two totally different things. The spouse wants to know what is left in bank accounts in the deceased's sole name but cannot access them or check that the executors have declared everything as they have acted dishonestly in correspondence so there is no trust.
OP posts:
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