halifax executor access to account information blocked

[not-a-number]

After the death of my mother my sister and brother were made joint executors . My sister is trying to check all the accounts as she has good reason to believe there is a missing account .She wants to access any closed accounts. My brother who original went to the Halifax and said he was the sole executor is now blocking her attempts at access. The Halifax says that both parties need to agree before they can give out information. Your thoughts please.

[honeybee13]

It can be very sad how people behave after someone dies and I'm sorry to hear about the problems.

 

Has Probate been granted yet? It sounds as if the Halifax are aware that there are two executors and as they say, they're meant to act together. What documentation have the Halifax seen?

 

HB

[not-a-number]

Hi my sister is holding back on probate as she feels that there is an amount hidden that will disappear. Yes Halifax now know there are two executors. This is blocking access to subsidiary banks also. Not sure what documents my sister has sent but some proof that she is an executor . thanks

[not-a-number]

I have question my bother as to why he is not allowing access but I don't get any reason.

[honeybee13]

Well if they can't act together, they could have a few problems.

 

This link has some information that applies to you, not all of it may apply though. I don't know much about Co-op Legal Servces but you'd expect them to be ethical.

 

https://www.co-oplegalservices.co.uk/media-centre/articles-apr-jun-2019/what-happens-when-joint-executors-disagree/

 

HB

[not-a-number]

Thanks had a quick read seems about where we are . Does this mean the Halifax can legally block her searches as its not to remove monies its just investigative. What the executor should be doing I would have thought.

[Ethel Street]

A copy of the Will (certified by a slicitor as being a true copy) is the evidence of who is appointed Executor that banks normally accept.

[not-a-number]

thanks but they accept that she is an executor but they are not allowing her individual access and my brother isn't telling that its ok .

[honeybee13]

Well unless they can sort it between them it's going to be hard to get the information from the Halifax. It might be worth your sister ringing the Probate Office helpline. They say they don't offer legal advice but they may have come across this before. 

 

I don't think there's anyone in authority to make executors behave reasonably. Legal action could be the only other way and is unlikely not be cheap, unless someone here knows otherwise. 

 

HB

[not-a-number]

That's why I am here it may be something that has happened before. 

[honeybee13]

All the previous threads about probate problems are here for you to read.   Maybe someone with a similar experience will come along and comment as well.

 

I would say it's worth trying the Probate Office anyway - nothing ventured, nothing gained.

 

HB

[not-a-number]

thanks will do

 

[Ethel Street]

Are they allowing the brother access to information? Or blocking him too?

 

Usually Executors are appointed "jointly and severally" so banks will act on the instructions of any one of the Executors when information is requested (before Probate has been granted).  So I assume that that your brother has instructed the bank not to release any information to your sister, even though he has no power to do any such thing.

 

Banks do not want to get involved in resolving disputes between Joint Executors so I imagine Halifax have done what would expect any of the banks to do and say they will no longer deal with either executor except when they receive a joint instruction signed by both Executors. Banks are entitled to say that. 

 

As other posts have said they really have to find a way to sort this lout between them or the whole process of administering your late mother's Estate will grind to a halt.

[Ethel Street]

A further thought.

 

Is it possible your brother might try to apply for Probate in his name only? eg by falsely claiming your your sister does not want to apply under 'Power Reserved' mentioned in earlier link.  If he succeeds in getting Probate in his name only then banks will deal with him and release the money to him.

 

If I were your sister I would "enter a caveat" with the Probate office.  It's explained here - https://www.gov.uk/stop-probate-application  Essentially you are putting the Probate office formally on notice of a dispute about who can apply for Probate so they would not accept an application from your brother alone without further investigation.

[not-a-number]

thanks for your help there I have forwarded them to my sister 

[not-a-number]

not sure about blocking   my brother or not will investigate thanks .Sorry about slow replies do appreciate help.

[honeybee13]

I'm not sure about blocking your brother, could you expand on that please?

 

HB

[not-a-number]

ethel street's question  "are they blocking your brother too"  referring to the bank not allowing either party access but I think its more that both parties have to access together . 

[not-a-number]

As you pointed out earlier . thanks