Help re missing money of deceased estate

[Tameside]

Hello I am new hear. Looking for some legal advice please.

I recently lost my father and suspect a family member has used undue influence over him. This family member had been estranged from my father for many years but suddenly appeared when he became I'll. Unbeknownst to his family she took over his finances to help him and some of his care.
I am dealing with his estate.
A letter recently arrived in his and her name, a joint account.
I had no knowledge of this.
When I questioned the family member who is a distant relation, they refused point blank to discuss it with me. On closing his bank accounts a very substantial sum of money is missing.
What can I do?

[2758jn5965]

I am not a solicitor or barrister or anything like that so this is not legal advice and you should not view the following in that way. I worked for two of the big four banks for just under 30 years. My recollection is that the money held in a joint account automatically all belongs to the surviving account holder on death of the other account holder. A quick internet search brought up the following link which may be of use.

https://www.thegazette.co.uk/wills-a...content/103479

You say a substantial amount of money is missing and you also mention undue influence. That implies that you believe your late father was pressured by the other family member into transferring the "substantial sum" into the joint account so that, when your father did eventually pass away, that family member would then, for want of a better phrase, get his grubby paws onto your fathers money as well as doing you out of your inheritance.

So, and remember I am not a legal expert in any way,it would appear you will have to see if you have any recourse to law to recoup the missing monies and you will need to prove there was undue influence. To help you further, see the following link. It takes you to a website where you can find the speeches given by judges in the UK courts. Open the Case Law link and then type in the phrase "undue influence" into the "exact phrase" line.Read through some of the (1617!!!) cases you will see which may be of help. Good luck!


https://www.bailii.org/

[des8]

Generally speaking money in joint accounts passes by survivorship, but this has often been challenged in the courts and really it depends on ascertaining the intention of the parties on setting up the account, and then possibly on later developments.

Did your father leave a will. or die intestate?
Why are you dealing with the estate?
Do you have (or need) a grant of probate?

As possibly executor you deal with the estate at the time of passing, not for what might have been in it!

Did anyone hold a power of attorney for your father?
Did he have capacity?

Warning that suspicion of undue influence is not the same as proof, and that is a high hurdle

[Tameside]

Thank You.
I am dealing with his estate because I thought it was just a matter of informing the relevant authorities utilities bank's etc. But feel she has taken his money unlawfully. Primarily because she did it in secrecy and refuses to say how much is in the joint account and what it's purpose was. Dad made a gift to each of his daughters direct into their accounts. He made me a joint account holder of his general account and told me to share whatever was left to his grandchildren.

[Tameside]

No one had power of attorney.
But for some reason he trusted her to manage his accounts.

[des8]

I think you are in danger of floundering!
If your father died intestate the strict rules governing intestacy must be followed.
If the beneficiaries are prepared to vary this you need to obtain their written authority, you can't just day my dad wanted this that and the other

[Tameside]

Ok so his estate goes to his surviving children.
But what if this inheritance has been dipleated by the family member?
would I be wasting time and money perusing this?

[des8]

If you have EVIDENCE of wrong doing it might be worth pursuing.
If you only have suspicion you will need to obtain evidence.

Now if your father had capacity, & if he mended bridges with this relative I think you will find it difficult.
Apparently she was able to make it up, open a joint account with him, and (by your own admission ) care for him.
The obvious question that will be asked is: Where was the rest of the family when he needed care? How come they didn't see what was happening if it was dodgy?

You reckon a substantial amount of money is missing, by that i assume you mean unaccounted for.
There could well be an innocent explanation, but if not it would be for you to prove it had been taken illegally. The other party does not have to show innocence, but you need to prove wrongdoing. Not easy when your father is no longer with you to give his side of the matter