Inheritance confusion

[LDC134]

My husbands granddad died, and left him 10% of his estate. We know he had considerable money in the bank as well as a property which has just been sold. His mother was the executor of the will and also had access to his bank account (I can't remember the correct term for that). My husband has now received 10% of the property, and when he asked about the bank account, was told this was a 'joint' account between his mother and grandad (it wasn't, she just had the access to pay bills etc she did not contribute into the account) and so this is her money. We both aren't sure on the law on this, and need advice on this and where, if necessary, to take this on to to contest it. Your help is very much appreciated.

[McMouse]

Check with the probate service, they should have full details of the will and the total value of the estate.

[redcrx]

a joint account doesnt have to have both parties contributing.

[woofgang]

It doesn't matter whether or not she contributed to it, if it was a joint account, it was a joint account. A lot will depend on the terms of the will, have you seen it? After probate, its a public document, either ask MIL for a copy or get one from the probate office.
if you look online for the probate office, do make sure that you go to the correct site as there are loads of intermediary sites who will charge you their fee as well as HMRC's fee

[ummmm]

Greed is not good...

[LDC134]

thank you all, is there a website for the probate service directly rather than one of the intermediate sites ?

Just to clarify, it was not a joint account (like a couple would have) she had power of attorney (? is that the right term ?) to his account. That is why we don't feel this money is all rightfully hers.

[Barmaid]

I think you need legal advice.

The general rule is that a joint account passes by survivorship. However, if the account was contributed to by only one person or was put into joint names for administrative convenience, it forms part of the estate and does not pass to the survivor. See Sillett v Meek as a example of this.

[woofgang]

Here's the correct link with the info
http://www.hmcourts-s...e.gov.uk/cms/1226.htm
It's the grant of probate you want a copy of. Scroll down a bit. As barmaids says, if the bank account access is only via a power of attorney then the money forms part of the estate. When my Sis was executor for my mum, she had a poa on my mum's account but the account was frozen on my mum's death and she had to set up an executor's account once the probate was granted.

[LDC134]

thank you all so much for your help