• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Probate: solicitor's access to bank statements

  • Filter
  • Time
  • Show
Clear All
new posts

  • Probate: solicitor's access to bank statements

    We are advised that after a person has died one of the first actions to take is to notify the deceased's bank so his account is frozen. Would the solicitor handling the estate need to, or be able to, gain access to statements (by application to the bank, of course)?

    Back in 2006 I had power of attorney for my father and after his death made a note of his recent transactions before contacting his bank. I can't recall his solicitor doing that, though obviously she obtained confirmation of the closing balance. (I was particularly interested to see if a cheque for a tradesman that he'd recently signed had been processed.)
    Tags: None

  • #2
    My research tells me that a Personal Representative should "initially check the previous three years’ bank statements which will be a good indication of the gifting history of the deceased. If there are any withdrawals or transfers which seem unusual in the amount or regularity, then a review of the bank statements for the full seven years is advisable."

    I've just checked through my statements since late 2013 and have had to scratch my head about some of the transactions. Early on I was still writing cheques for large amounts, but there's no indication as to who the payees were.What action would/could the Personal Representative take if (s)he wasn't sure about something?


    • #3
      You may be able to get copies of the cheques from the bank. I expect they will charge. If you know when the cheque for the trades, was written you could cross reference it to the statement.


      • #4
        I guess that it depends on how conscientious the Personal Representative is. I've seen suggestions elsewhere that the PR should check back through three years of statements for entries that might relate to loans and gifts and that if the former are detected go back seven or even fourteen years. Fourteen years!


        • #5
          I have every bank statement going back twenty years.


          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.

          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.