Can executor of will access finances prior to death?

[CharlotteMaine1]

Hi. I'm going to bullet point of situation to try and keep it as brief as possible.

• Grandmother died recently of Alzheimers and skin cancer leaving her estate to be split equally between 2 daughters and 2 Sons (1 estranged - abbreviated to ES).
  
• G'mother gave signatory powers on bank accounts to daughter and other son whilst of sound mind.
  
• She appointed daughter and ES as joint will executors (no love lost here).
  
• Decades of care home costs had taken almost all money including house sale proceeds. Daughters, other son and grandchildren were supplementing care costs when costs went up and money was running out. ES refused to contribute.
• ES has shown up after refusing to visit for last 12 years wanting his cut. Turns out he thought his mother had died 3 years earlier. He's angry that there's not much ££ left (A few thousand for each of the 4 remaining children).
  
• ES had a manic episode after the death screaming that he was going to sue the sister (joint executor) - this was before he knew any details about what was left. He suffers from delusions (undiagnosed). He has told me about dining with Sylvester Stallone and how he manages the computer system for Downing Street. Think Trump but less successful.
• ES has instructed a solicitor to demand my Aunt provides documents dating back over 20 years to show the ins and outs of the G'mothers finances including third party bank mandates. He's on a fishing expedition to find some financial impropriety. He wants confirmation of historical pension amounts received, care costs, disability allowance, where the house money has gone.
  
• I'm not 100% but under the impression that if the Aunt and other Uncle were signatories on the bank accounts that they legally could have emptied them up to the point where she died (they didn't BTW)
• My Aunt has recently been admitted to hospital with health problems (plus possibly showing early signs of dementia) so I am taking it off her plate, as it is causing her a lot of stress.
  
• I have written to solicitor on Aunt's behalf explaining I will provide an asset statement for the date of death and back up with any bank statements etc. as she is currently unwell. They have responded saying it is not appropriate for me to do this.
  
• Whilst reconciling post-death accounts it is becoming apparent to me (I have an accounts background) that he has been shortpaid by about £1k on his share of the estate. I believe this is due to my Aunt's recent confusion and not an attempt to keep money from him. I DO NOT want to share the information that my Aunt may be starting with Alzheimers and give this as an excuse for the confusion.
• I do know that my Aunt has taken money from the bank accounts (in both names) over the years prior to the death to pay back sister, brother and grandchildren for care costs and other pocket money costs for my G'mother.
  
• Every member of the family is grateful to my Aunt for taking care for so many years. The point is we all trust her and know she acted in the wishes of her mother.
• After my G'mother's death there were emails back and forward asking ES to meet up to go through accounts - he refused and demanded everything be posted to him.
• Separately - my Grandfather died 20+ years ago and the 2 same people were executors of his will. My Aunt left him to it as she was taken care of her widowed-Mother and had zero involvement. Upon the execution of Grandmothers estate we can't find some things i.e. bonds and share certs originally in my Grandfather's name, that we expected to find. And we know they were not passed onto the widow when GF died. ES is denying all knowledge.
  
• My Grandfather and ES share the same name and we think it is possible that he may have cashed in certain assets by impersonating my G'father after his death, I have the financial institutions looking into it but it is taking some time.
  
• My Uncle has an under handed nature. Unrelated I recently happened to discover that he submitted to Companies House many years ago where he forged his brother's signature.
  
  
• Here's my questions:
  1. Am I correct to assume that the requested documents are outside the scope and remit of executor of the will. Can he demand financial ins and outs pre-death?
  2. Does the fact that my G'mother was no longer of sound mind have any bearing on my Aunt using money in bank account in both their names prior to her death?
  3. Does the fact that ES has been short paid give him a case for suing her (even though it was by a small amount) - he is vindictive and seems hell bent on doing so.
  4. What reason do I give for the miscalculation of the initial inheritance payment made?
  5. Is there any way of me getting an asset statement for my Grandfather's will to see if ES did steal assets post death? I know that my Grandfather had a proper will drawn up by a solicitor as I have a copy of it. I've been on https://probatesearch.service.gov.uk/#wills but cannot find anything. Is an asset statement something that has to be done? Or is it only for estates over a certain value?
  
  Thank you for any advice given.

[Peridot]

Re: Can executor of will access finances prior to death?

Hi CharlotteMaine1,

What a complicated situation.

You indicate your Aunt and estranged Uncle were appointed executors to your grandmother's Will. Has a Grant been applied for yet?
If it has did ES have no involvement in dealing with probate?

As far as the last 20 years of financial transactions are concerned. This is not something that would be acceptable. The finances in your grandmother's estate at the date she died are the only issue to be dealt with by the executors. Why has ES not been involved sooner if he is a joint executor?

How has ES ended up with less if the estate was to be divided equally between the 4 siblings? Was this an interim payment before the accounts were to be finalised? In which case an additional small payment can be made confirming the estate has been fully collected in and administered now?

If your Aunt no longer has capacity to act as executor it may be necessary for her to be replaced as executor. However just having a diagnosis or suspicion she may be developing dementia does not in itself mean she does not have legal capacity. This is something that would need to be explored and an assessment carried out, probably by a lawyer. However you may be jumping the gun at this stage. We need to pin down the actual issues here first.

Why are the solicitors stating it is not appropriate to receive an asset breakdown. Is it because your Aunt is the executor under the Grant and not you?

The signatories that your grandmother appointed for her bank accounts appear to be your Aunt and another Uncle, is that correct? Were they her attorneys or just signatories? I assume as signatories, this was joint and several so one of the 2 signatories could act independently of the other so it wasn't necessary to obtain 2 signatures every time a transaction was carried out?
Can your other uncle not assist you?

Technically, if your Grandmother lost capacity then the bank should have been informed and attorneys should have been appointed to deal with her accounts, not just the signatories continuing as they had been. Can it be evidenced that your Aunt's use of the bank account was for Grandmother's benefit, with care fee invoices etc. What sorts of sums are we talking about?

You mention payments to your Aunt and other family members refunding payments for care. Can this be evidenced with care fee invoices and how they were dealt with? Few people realise how much care fees actually are but no doubt this is not difficult info to locate if it were needed at a later point, although hopefully it won't be.

The issue with your grandfather's estate is separate again. If probate was not needed, for example if everything was left to his wife and there was no IHT to pay and no property to be transferred, then you won't be able to get a copy of the Will or Grant (which would indicate the estate value). If a Grant had been applied for then you can apply for a copy of the completed HMRC forms from his death but I would say you need further info before considering this step. Are the amounts that you are talking about considerable?

An asset statement is not a legal requirement however most estates will have to have completed HMRC forms, which would give an indication of the asset values and what they were etc.

There are a lot of issues here and I suspect that it will be necessary for your Aunt to obtain some face to face legal advice, if it continues. The costs of this may be able to be taken from the estate which will reduce any sums due to the residuary beneficiaries of course so thought needs to be given to the amount of benefit that may or may not be achieved by following this path.

We'll wait for your response and see if there are any further pointers we can flag to assist you.