NO WILL?

[Jacqui Ryall]

Hi I would really appreciate some advice if anyone can help please. I have 2 siblings and my father refuses to make a will he said that after the funeral is all paid for the money left is to be split between us three but somehow my sister has managed to get him to put her name on his main bank account he says he done this due to barclays having a funeral plan to pay all of the costs. Both my brother and I know that there will be problems when it comes to the time and I wanted to know if there is anyway that my sister can do exactly what she wants regarding the money any advice will be really appreciated Thanks so much

[enaid]

Re: NO WILL?

Hi and welcome,
This may seem a little harsh but I have to ask,if your sister has managed to get your dad to make her a joint account holder then is it not possible for her to get him to make a will? Things will be a lot simpler for you when anything does happen to your dad.
Also having a quick read of Barclays plans when the insured person dies the money goes to the beneficiaries unless I have read that wrong. So I do not see a need to make the account a joint one, but like I say I may have read it wrong.
If your dad does not do a will then he will die intestate and there are rules when this is the case
You will find info about the rules etc HERE

[des8]

Re: NO WILL?

Hi and welcome

From your wording I get the impression that you think your sister is acting a bit slyly.
Do you really think she would try and deny you and your brother your rightful shares?


Does your father need assistance running his accounts?
A third-party mandate (which is what I assume your sister has and not a joint account) is not appropriate ifthe account holder is losing the ability to make relevantdecisions themselves, and is cancelled if they lose capacity/die.
Is this a right decision for your father?

Could you not persuade your father to make you or your brother a joint signatory to the mandate so that both would need to authorise withdrawals from his account.

[Jacqui Ryall]

Re: NO WILL?

Hi, Thanks so much for you're replies.unfortunately my father will not make a will. My sister has informed me and my brother that the money will be divided between her and her children and grandchildren then and only then will it be divided between me and my brother and her. Is this allowed? I feel so sad and angry that this is even being discussed. My Mum died 3 yrs ago on Xmas day she was a wonderful lady I miss her terribly but ever since that has happened my sister has and still is doing some awful thing's that I won't go into now and this is the final straw? X

[enaid]

Re: NO WILL?

In the link I put in my post above it tells you what happens when a person dies without leaving a will. If you have read it you will know that is not the case.
A simpler way for you to understand the rules may be to go through THIS it may put your mind at rest.

[des8]

Re: NO WILL?

If your father's estate will exceed £5000, your sister will need a grant of representation from the probate court to deal with his estate.

Whilst I trust your father has many more years with you, when he does pass away, immediately lodge a caveat with the probate court.
This will prevent your sister obtaining a grant of probate without your knowledge or the chance to dispute her application.
At the same time also inform the bank of your father's passing, and of your and your brothers interest.
This will immediately freeze the accounts and stop your sister accessing them.

It may seem a bit harsh, but she has already signalled her intention not to follow the legal requirements as indicated by Enaid, so I would be prepared to move fast, even at what will be a distressing time.
In this way you might avoid more distress and a contentious dispute.

However, all that is in the future and does not protect your father from what may be undue influence now, if he is at all vulnerable at present.