Bank Acount rights

[smokejumper]

Does My mother have any legal claim to money held
in an acount nameing only my father as acount holder.
This money has been left to my sister in a will following my farthers recent death , howerver he was only able to amass this money during his 46 year marriage to my mother whom was still married to him at his death.

[lady_p_gold]

Well I am sure someone more qualified than I will answer, and I suppose it would depend on what provision was made for your mother and whether she was dependent on him. He can leave the money to whom he wants if he is the account holder but possibly she might be able to challenge it if she was left in hardship and had been dependent on him. She needs to get some legal advice perhaps at the CAB but I can see a family rift developing .......

[dzug]

Lady_p_gold is right.

If she was dependent on your father (which sounds likely), the she is entitled to reasonable provision from the estate. That doesn't mean everything. If she got everything else (house, contents, other accounts) then it's likely she has got this and has no claim on this bank account.

If not I fear that the money in the bank account could be spent on legal fees contesting the will so she won't land up with it anyway even if she wins.

[Barmaid]

She does not need to have been dependent on him. As a surviving spouse she can claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision whether or not required for maintenance. In english this means that as a spouse she is not only entitled to provision for her maintenance but a higher amount (other claimants are only entitled to maintenance). One of the factors the court will take into account is the provision the spouse would have received had the marriage ended in divorce rather than death. It really depends on the terms of your father's Will. Your mother must take legal advice - and quickly. There is a time limit of 6 months from the date the Grant of Probate was issued.