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Money taken from my bank account without a court order

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  • Money taken from my bank account without a court order

    Hi, In the start of 2020 I contacted Bank to inform it that I was in the process of obtaining probate due to there being a balance in my late mother’s account.

    At the time, Lawyer – who were appointed by the Law Society – but was not given letters of the administrator of my mother's’ estate until 2021 and then knowing he was being removed..

    By showing the bank I was the son the’ bank gave me the money as it was below the 50,000
    Later on in the year August 2020 the lawyer asked the bank to remove the sum of money from my bank account without warning or court order. They knew they were being removed by the court.

    The Bank had no right to do this as, under common law, I was entitled to this money as I am the only living relative and my late mother’s wills stated that bills must be paid and the bank account was for a guest house which my mother and I ran. I kept it running after her death. The guest house bank account was money for boilers etc and I had worked and put money into the guest house.

    The bank funds were transferred to be put into my account the bank said by accident so offered me £300 by way of apology for heightening his expectation.

    But this was the action of the lawyers telling the bank to take the money out of my mother's account. Then the lawyer took the money and said it was to pay tax but estate not closed yet.
    But the lawyer did not have letters of administration until 2021 and knew he was being removed and took the money for malice

    Any suggestions. Thank you
    Tags: None

  • #2
    This third question does give more detail Mark, but it would be best if you do not continue to ask questions on the same subject. Just keep to one question line and it will become easier.

    Perhaps DES8 can suggest the course of action?

    Comment


    • #3
      Thank you what is DES8?

      Comment


      • #4
        Des8 is a member who has a range of knowledge wider than I have.

        Comment


        • #5
          couple of questions first:
          Was the guest house a limited company, or just your mother trading as "Guest House".?
          What was the name on that bank account?
          When the bank transferred the balance of that account, you presumably signed a letter of indemnity. Do you have a copy of that letter?

          Regarding the lawyer;
          Was he a solicitor?
          Why was he removed?
          Why was a court order necessary

          Did your mother leave a will?
          if so who was named as executor?
          If no will naming solicitor as executor, who authorised him to apply for letters of administration/

          Note that IHT is paid prior to a grant of probate being given

          Comment

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