Probate Issue in relation to Joint Accounts.

[gerwal]

I am co-executor of my mothers estate and we are having serious problems for past three years getting grant of probate. The problem arose when a sister of mine held two joint accounts with our late mother. The solicitor acting for us decided from the start that those accounts were entirely outside of probate despite the fact that the probate officer ruled later that they were a resulting trust and should be included as part of the estate. The purpose of those accounts were setup initially for caring costs/expenses and that intention was verbally made known by our mother to our solicitor who drafted the will. No direct reference was made in relation to those accounts in the will. The Bank paid out the money to my sister ruling that it was as a result of survivor-ship.We cant proceed with probate until that money in the joint accounts has returned to the estate. Has anyone had a similar problem and if so does the Bank,s decision always win out even if it goes as far a court action for return of the monies?

 

[Vanilla]

The probate officer made a ruling that joint accounts formed a resulting trust? How did that come about?

 

[Ann1]

Yes...we had a similar situation where our father made our brother joint holder of his bank accounts. We knew that he meant it to happen that way and that they were his wishes. We had no problem with probate going through. I would say your sister owns the money and the probate officer was wrong in ruling that it was part of the estate.

 

[gerwal]

The probate officer ruled that it was a resulting trust as my mother stated to her solicitor that the joint account was set-up as convenience for our sister to pay bills and for caring costs and expenses. This fact was stated by the solicitor in the affidavit submitted to the probate officer and it was on that basis the probate officer ruled that it was a resulting trust and that the money should form part of the estate. There was no written mandate as to survivor ship attached to the joint account when it was set-up at the Bank and the Bank have stated that in the absence of such mandate the money should automatically pass to the surviving account holder.

 

[Neg Covenant]

The probate office do not care where the money is before they issue the grant afaik. Howevr, you need to find out how much was in the accounts before you can give all the necessary details. Your sister or the bank needs to tell you.

Therefore, you should be able to get the grant and then deduct what your sister got from her share.

If there is not enough then it may be dangerous to take out the grant as the executors may be liable for the amount which should have gone to other beneficiaries.