Getting bank statements prior to Testatrix death

[Blindman70]

Basically, can an executor of a will get to see the past two\three years of the testatrix (who has died) bank statements before her death to see if there was any "gifts" or suspicious payments to the other executor?


Background

I have my suspicions, that one of the executors of my late Aunt's will has been dipping his hand into her finances years before her death.


At least two years before her death, and shortly after her spouses death, he became the sole person to handle her money, taking over from her close friend who was doing the job quite well.


After her death, he and the close friend were executors of the will, which TBHO was written in a totally unexpected manner with him getting 70% of the estate.


I am a beneficiary and will get about 20% of the estate. Naively I thought we were equals in my Aunt's eyes.


He is being very coy at answering any questions about the estate and why the will was written so heavily in his favour.

The other executor is a timid mouse who has chosen to have her power reserved and is, at the moment, as useful as a chocolate teapot.


Basically, can the other executive get to see the past two\three years of my late Aunt's bank statements before her death to see if there was any "gifts" or suspicious payments to the other executor?
I may need to use this as evidence that the will was written under duress or at least he cannot be trusted as an executor and be removed.



Probate has not been granted yet, I have a caveat in place stopping it. This expires in June 2024.


I have requested a Larke V Nugus request from the will writers, but after 35 days after receipt I have not had any reply as of yet.

[echat11]

How have you made these requests for statements? You should now be making them formally, send letters Recorded Delivery.

The thing might be to concentrate on the period of 6 years and not just the 2 years. As that's how far back the requirement is regarding 'Gifts'.

What if a suspicious 'Gift' was made 4 years ago?

I think you need to stress the importance of providing the statements so there is no 'animosity' in the future within the family.

Here is some info, link posted for info only - https://www.butcherandrews.co.uk/202...o-information/

[Pezza54]

OP started a similar thread on 3 December 2023

[Blindman70]

How have you made these requests for statements? You should now be making them formally, send letters Recorded Delivery.

The thing might be to concentrate on the period of 6 years and not just the 2 years. As that's how far back the requirement is regarding 'Gifts'.

What if a suspicious 'Gift' was made 4 years ago?

I think you need to stress the importance of providing the statements so there is no 'animosity' in the future within the family.

Here is some info, link posted for info only - https://www.butcherandrews.co.uk/202...o-information/

Thanks for the reply.

I have not made any requests at this time as my question is who is entitled to do so ?

I am merely a beneficiary and the other executor is a pawn.

[Blindman70]

OP started a similar thread on 3 December 2023

Thank you for your valuable reply.

My first post was about how to challenge the will and what steps I need to take etc.

I was unsure wether to continue that post as this is linked but not relevant IMHO.

I apologise for my misdemeanour, if there was any.

[echat11]

Thanks for the reply.

I have not made any requests at this time as my question is who is entitled to do so ?

I am merely a beneficiary and the other executor is a pawn.

You can ask for what ever information you want, providing it isn't 'burdensome' then they should comply if they have nothing to hide. It's how you ask for the information and the context you give your request. You clearly can't say I don't trust you so provide the statements.

[Pezza54]

An executor should ask for the deceased's bank statements for up to 7 years before the date of death so taper relief on any gifts incurring IHT can be calculated.
As the "timid mouse " executor has reserved her power she cannot now ask the bank to provide statements.
By now your executor brother has got wind of what you are trying to do so he is unlikely to provide you with potential ammunition.
Confidentiality regarding your aunt's bank statements has now passed to your brother and he is not legally obliged to let a beneficiary see them

[echat11]

An executor should ask for the deceased's bank statements for up to 7 years before the date of death so taper relief on any gifts incurring IHT can be calculated.
As the "timid mouse " executor has reserved her power she cannot now ask the bank to provide statements.
By now your executor brother has got wind of what you are trying to do so he is unlikely to provide you with potential ammunition.
Confidentiality regarding your aunt's bank statements has now passed to your brother and he is not legally obliged to let a beneficiary see them

If fraud has occurred in the previous years, how is the OP going to prove it?

[Pezza54]

Through the Court

[Blindman70]

Thanks for all the replies

Surely the timid mouse executor who has reserved her power, can reverse this decision and get involved and ask the bank for the last 7 years statements.


True, I need a way to ask subtely "Because of your attitude (QUOTE:-I am under no legal obligation to answer that...") and the surpring way the will was written (You get 80%_I get 10% Your wife gets money , mine is not even mentioned) I do not trust you have been honest when you persuaded my Aunt that you would look after her money after her spouse passed. So I need to find out if you have been stealing f rom her "

Difficult eh!

[echat11]

Thanks for all the replies

Surely the timid mouse executor who has reserved her power, can reverse this decision and get involved and ask the bank for the last 7 years statements.


True, I need a way to ask subtely "Because of your attitude (QUOTE:-I am under no legal obligation to answer that...") and the surpring way the will was written (You get 80%_I get 10% Your wife gets money , mine is not even mentioned) I do not trust you have been honest when you persuaded my Aunt that you would look after her money after her spouse passed. So I need to find out if you have been stealing f rom her "

Difficult eh!

There are always things you can do.

[Pezza54]

Yes the executor who has reserved power can reverse her decision by applying to Probate. Unfortunately you have a caveat in place so that isn't going to happen.
Regarding obtaining the bank statements, have a read of CPR Part 31 and in particular 31.16 Disclosure before proceedings start

[Blindman70]

There are always things you can do.

Could you elaborate please?

[Blindman70]

Yes the executor who has reserved power can reverse her decision by applying to Probate. Unfortunately you have a caveat in place so that isn't going to happen.
Regarding obtaining the bank statements, have a read of CPR Part 31 and in particular 31.16 Disclosure before proceedings start

Thank you for the reply.