Removed Some Money Before Probate

[Sammy986]

As above I had to transfer money from my dads 2 bank accounts (around 7 grand) 5 grand of which was to pay for the funeral, the rest for household bills. I had lived with my father for 48 years in the same property and was in charge of finances as well as looking after him full time for 3 years. Will I get in trouble for this?

[atticus]

Your previous threads suggest that there is no-one else with a claim on the estate. Is that correct?

[Sammy986]

The will states me as sole beneficiary

[atticus]

So who is going to complain?

[Sammy986]

I was thinking more of when it goes through probate and the banks provide balamce at time of death, is what Ive done against the law?

[Crazy council]

As long as you have paid all the due taxes and debts you will be fine, but you are liable to make sure you have. Definitely dont dodge due taxes and fees

[Sammy986]

Thank you for your input. If I may ask something else. I have the will at home, I also however have a sister whom myself and my father disowned years ago. Can she apply for administration and have any advantage as I may have to wait a while due to financial issues to begin the probate/admin procedure. The will does not contain any reference to any executors. Can she nip in even if not in will and actually accomplish anything?

[marksam]

I think the Will can be contested if whoever was left out feels it is unfair. However, they would have to hire a legal representative to validate their claims. Putting a notice in the gazette gives a period of time for “anyone who has a claim against the estate eg debtors” must apply within the period. If they do make a claim against the estate, and this is said through experience, please try to negotiate between yourselves and come to an agreement because if Solicitors get involved they will not be willing to help a resolution, the longer it takes the more it’ll cost. double check with creditable gov website for unbiased information.

[Pythian99]

While solicitors on the whole perform a useful role, if you can agree amongst yourselves it's less costly.

My wife's settlement came thru after 18months and £30k legal fees. Legal costs take a life of their own if solicitors get involved because of disputes, disagreements etc.

[Dip]

Yes, should the sister appear and you have to deal, make things on an ‘even keel’ as far as possible. What you don’t want is ‘Contention’ which will ramp up legal fees at an enormous rate. This is what has happened with my husband, his brother & sister. All Executors and beneficiaries. The sister was intent on saying she was not going to act on anything for 6 months when their father died ! Part of the Estate had 2 properties with tenants! My husband had to take Legal action against her so that an independent firm of Solicitors could be appointed to deal with their fathers complex estate. It is STILL ongoing. The Solicitors fees so far are in excess of £100k.