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.

Well if they didn't tell the bank then I think they will be in a world of trouble. You can't just carry on using a bank account once someone dies. Your friend needs to talk to either the bank, or the solicitor about this.

Are you involved with the deceased, were they a relative of yours and this is another beneficiary you are talking about or are you a friend of a beneficiary,.

@TraitorsGate - no, I meant to the the deceased. My friend is their relative. The person who is claiming the verbal gift of the bank account (with 30k in it) is another relative, who had POA and is now the executor.

@nothingsforgotten - I think in some circumstances a bank will let the executor access the account? My friend can ask the solicitor/bank about this though.

The main issue that this person is saying that all this money is hers, not part of the Estate. Anyway I my friend will get a solicitor involved now.

There is no way they would have verbally handed over a bank account without the banks permission. Your friend, is she a relative of the deceased, must speak to the bank, her own solicitor, the office of the public guardian and also check with the dwp that the death was registered, they could still be paying in benefits if they weren't all informed. Your friend needs to take ID, get a copy of the death certificate if they can and a copy of the Will.

i suspect there is much more to the op that you seem aren’t privy to

the deceased obviously was very close to this person and had enormous trust in them

Banks will release quite a lot of money to the executor of the will prior to probate being granted. I know this because it happened to me. I nearly fell off my chair.

Power of attorney ends on death and the executor should have advised the bank to freeze the account.
The executor cannot access the bank account. Banks will pay the funeral expenses from the frozen account, but to the funeral director, not by reimbursing the executor. Some banks will release funds to the executor prior to the grant of probate but it depends on the bank’s policy and the amount in the account. My mum’s bank released the funds to me on production of death certificate and my identification and the will.

"This is definitely what it sounds like. But it's weird as a solicitor is doing probate so you would think they would have told her she couldn't do this."

The thing is you don't know for sure that the solicitor has said that this is ok, or even knows about it. You only have the other person's word for that. Has your friend actually spoken to the probate solicitor themselves about this?

Your story appears to have changed from it being given to her to her now using it for funeral and other estate expenses. As Execuotr she can use it for those including continuing to pay expenses of any property the Testator owned.

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