Executor probate issues

[NeedToKnow101]

Is it ever possible legally for a bank account to be gifted to a beneficiary outside of the Will?

The deceased was the sole account holder, the beneficiary had POA.

The Will was rewritten fairly recently, with no mention of specific gifts, just % shares of Estate to be shared between beneficiaries.

no

The POA ends on death as I understand it.

correct

Thanks. She is saying the solicitor knows about it, e.g., they have accepted it as a gift. As you've said, if it's not specified in the Will, (written by same solicitor), it's not allowed. I'm guess next steps are getting my own solicitor as she won't back down.

I don't know if the solicitor is also at fault, or how to find out before the Estate accounts are shared. Want to deal with it before probate is granted ideally.

Do you know how much money was in the account? It sounds like fraud and if the bank knows the account holder has died they wouldn’t release the funds.

why not just speak with the solicitor?

OP, are you saying it was gifted after death?

No, they are saying it was verbally gifted before death. Although there is a transaction from the deceased to the person, made after she died....

About 30k originally. A lot went on the funeral. She is also the executor so just carried on using it for funeral expenses, but after that was done still nearly 20K left.

I would speak to the solicitor - I’d be surprised if anything more than funeral or utility bills was allowed to be used. It will have to be declared for probate purposes.

So the claim is that the account was gifted verbally before death but the funds transfer was effected afterwards?

Smells strongly of fish to me.

Might do. This has only just come to light. I wanted to check if there was any instance where it could be a gift when not in will. I've done loads of online research but don't want to miss any loopholes she might try and use.

Was anyone a witness to this verbal gift?

Well, that 'gift' is legally theft, and she doesn't have a leg to stand on. Even if she's named as beneficiary in the will, she's not entitled to anything until the accounts of the estate are settled first.

The claim is the whole account was gifted to her. There is also a transfer of a few grand made to her (from my deceased relative after she had died), from that same account.

If she has no evidence that the account was gifted to her, she's not legally entitled to it. It's that simple.

Is she a beneficiary according to the will?

I don't know. Not as far as I know. What if the solicitor says he was? Then again the solicitor would have put it in the new will wouldn't they? If they had witnessed it?

You could write to the solicitor with your concerns, saying you think there's the possibility that the exec is misappropriating funds from the estate/not in line with the will. Mention that the exec told you that the solicitors said it was okay, but could they verify?

Potentially you can make an application to have her removed as exec of the will due to personal interest, which isn't too costly (she will pay (most of) the costs if the order is granted) but a letter to the solicitors may prompt them to write to her rather than risk being dragged into her lies to tell her no, you can't distribute funds this way.

who are you in the equation? the executor? is she an executor?

Yes, also a beneficiary.

Are you an executor or just beneficiary? You might need to get your own solicitor but in the first instance you can talk to the solicitor who is administering probate. If you aren't an executor but a beneficiary, you're entitled to see a copy of the accounts.
Sorry, hopefully someone with more legal knowledge will know more, we've just been through the opposite where a vexatious beneficiary was accusing the person with POA of fraud where there wasn't any.
If you haven't actually spoken to the solicitor yet yourself, it may well be that they aren't actually aware of what's happened.

Another beneficiary's friend.

She's saying my friend can't see the accounts until probate is granted. I think that might be allowed.

If all beneficiaries are entitled to a percentage of the estate, she has diminished that, i.e. stolen money from each beneficiary. If the gift was from the deceased, they need to have completed it prior to the death, because the money doesn't belong to the deceased after they die, so they themselves are not legally entitled to gift anything.
Were you saying that the money was spent on the funeral? That's pretty much all estate money is allowed to be spent on.

so why in earth do you need to contact a solicitor

and you’re hearing every thing second hand