Probate

[DebiDean]

Hi there,

Apologies for my lack of the lingo but I hope for some help...

My daughters biological father's nan (daughters great nan) has left her some money in her will.

Unfortunately he has a very shaded past, from violence and alcohol problems to financial problems. I witnessed him on many occassions remove money from his other childs account when he was "tight" when we were together approx 6 years ago now.

He is claiming to have an account in our daughters name where the inheritance will be deposited, but although he may be able to access a copy of the birth certificate - he wouldn't be able to gain a copy of her deed poll (she now has my married name) unless he goes through me as I didnt go for the achieve service.

The account he claims to have is an instant access savings account with him as guardian. I am highly concerned that even if he doesnt steal her money (which I think he is more than capable of) she will only receive the basic amount and will miss out on the 13 years of interest it will accrue.

I have suggested the money is paid into her trust fund as only she can access that and only once she is 18, it will contribute to her uni fees or house deposit.

This idea has been dismissed as he has said he wants a reason for her to have to contact him once she is 18, I suggested lodging a letter with a solicitor to be given to her once she turns 18 so if they aren't in contact at that time he can be reassured she will be in full knowledge of where the money has come from. Again this has been dismissed.

I have now requested the solicitors details so I can seek advice and contact if necessary and he is refusing to give me the info. I might sound like an ex with a chip on her shoulder, but I can't help his recent behaviour is suspicious and there is a history of dipping into his children's savings when he needs more beer.

HELP!!!!!!!

I think you need legal representation in order to navigate this one. You are right to be suspicious of his motives. He clearly can't be trusted with your daughter's inheritance and appears to be using it as a way to manipulate the situation. You could try CAB as a first (free) route to establish to whom the money should be paid.... and I would have thought, as the parent with the main responsibility (legal/financial) for the care of your daughter, that is you. But, depending on the sums involved, it may also be worth hiring a solicitor of your own. Sometimes bullies cave at the sight of a well-worded solicitor's letter.

as the money is left in a will it will form a statutory trust as it has been left to a minor. The default trustees are the executors of the will, although the will can contain details to give the money to the parent/guardian - you! To do anything else would be breach of trust and the trustees are liable for full redress. As wills are public documents I think you will be able to see exactly what the situation is, but I think legal advice will be the easiest route. CAB or free first half hour consultation with a solicitor would be my suggestion.

Thank you both for your advice, I will seek some legal advice, do all solicitors do a "first 30 minutes free" or is it only certain ones? I feel a strongly worded letter may be best route, although he won't tell me anything, I imagine it will be one of his parents/aunts/uncles who are executors of the will but there has been no communication and he simply won't say anything.

On a slightly different angle, am I able to ask the bank to confirm if they hold an account in my daughters name? If I take all our ID's etc. I know which bank he claims to have an account but without him accessing her legal identity documents I doubt the legality of this account at all!

Thanks again

Is there much money at stake? As my mother discovered when planning to contest my late grandmother's will, even though she was legally in the right and had a legitimate claim, the legal fees would have wiped out the modest sums involved.

I would tackle the alleged savings account issue only after you've got the legacy settled and in your posession. For reasons of confidentiality a bank will not discuss an account taken out by your ex - even if it is on behalf of your child - but they may look into it if they think there has been any fraud involved. He would have had to have your child's birth certificate and some other ID to open the account in the first place so, if he hasn't had access to those, it's unlikely. Personally I would treat this as 'all talk' and leave it well alone. The accuont probably doesn't exist but, on the other hand, if he does give her a passbook full of money for her 18th that will be a nice surprise.