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beneficiay demands Administrators Bank statements

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  • beneficiay demands Administrators Bank statements

    What legislation allows a Beneficiary's Solicitor to demand to see the Administrator personal bank statements for a period of two years, with the threat of issuing an Inventory and Account summons at the Administrator expense if such a demand isn't fulfilled ?

    All estate documents, such as; DWP letters, estate bank statements and balance, deceased closing bank statement and balance, invoices, itemised summary of all transactions, complete with a corresponding payment transaction summary have all been provided.
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  • #2
    Has anyone experienced such a situation who can advise ?


    • #3
      Under Section 25b of the Administration of Estates Act 1925 the beneficiaries can make an application to court but this is normally limited to information on the estate's assets and their values. The Act does not give beneficiaries the right to see the deceased's personal bank account details. There is a duty of confidentiality.
      The same duty applies to the executor's personal bank account details.
      If the beneficiaries believe the executor has been fraudulent when carrying out their duties, their solicitor will need to make an application to court and provide evidence of the fraud.


      • #4
        Thanks very much for an eagerly awaited reply.

        Thanks also for clarifying the specific legislation of the Administration Act and the elements which a beneficiay can request

        To make the application to the Court to see an Executors/Administrators bank statements, does the beneficiay just need to suspect or must they have some kind of proof ?

        Also, who would be responsible for paying the Court and Solicitors cost when making an application, is it the beneficiay, the Administrator or can the beneficiay claim it from the estate.


        • #5
          Evidence required, suspicion not enough.
          The beneficiary initially would have to pay. If a successful claim was made against the executor, then the executor would be liable for all legal costs and court fees.


          • #6
            Thanks again for your response.

            When you say a successful claim, do you mean, the beneficiay can apply to the Court for an Executors or Administration bank statement and at the beneficiay's expense.

            Once the beneficiay has acquired the bank statements and any other relevant documents via the Court, and there's nothing to supports the beneficiay's suspicion, then the beneficiay's hss to pay all legal and Court cost and can't claim it from the estate, the Executor or Administrator.


            • #7
              That's right


              • #8
                the beneficiary may in that event be ordered to pay the other party's legal costs.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


                • #9
                  PEZZA54.... Thanks for clarification.

                  Also, it's good to know that I won't be liable for the beneficiay's legal cost.
                  I can't understand why the beneficiay's is acting like this.
                  I feel much better knowing that legal cost are not as clear cut as their Solicitor implied/threatened.


                  • #10
                    You would be unwise to assume that under no circumstances will you be liable to pay the other party's legal costs. If that other party is successful, an order to pay costs could well follow.

                    May I point out the correct spelling of beneficiary?
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


                    • #11
                      With regard to legal cost; I'm certain because nothing untoward has occurred in regard to the handling of estate funds, same too prior to death.

                      I would assume a beneficiary must require proof and supporting evidence to make such an allegation to the Court, in order to acquire the Administrator personal bank statements, especially when the beneficiary has had litttle to do with the deceased for over 30 years and only now, upon death are they concerned about the deceased savings, didn't bother to raise any concern when they were still alive.

                      Thanks for the spelling correction, it's this silly phone; it corrects Solicitor to Solicitar if I'm not careful and every predicted option for beneficiary is incorrect.


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