Power of Executors

vedwards

A friend of mine passed away suddenly at 73 and his only wife has been in a private nursing home (non compos mentis but this may not have been legally attested to) since a stroke 8 years ago. He has six children, two of whom are named Executors in his Will. They are all agreeable and only want what is best for their Mother and keep her in care. But the accounts (bank etc...) are joint accounts. No Power of Attorney or Ward of Court has been granted. The Will made by the husband states that in the event of his wife's passing the estate is to be divided equally between the six children.
Can the named Executors have access to the accounts in order to pay their Mothers nursing home bills and other sundry expenses involved in the upkeep of the estate?

Hogzy

vedwards wrote: »

A friend of mine passed away suddenly at 73 and his only wife has been in a private nursing home (non compos mentis but this may not have been legally attested to) since a stroke 8 years ago. He has six children, two of whom are named Executors in his Will. They are all agreeable and only want what is best for their Mother and keep her in care. But the accounts (bank etc...) are joint accounts. No Power of Attorney or Ward of Court has been granted. The Will made by the husband states that in the event of his wife's passing the estate is to be divided equally between the six children.
Can the named Executors have access to the accounts in order to pay their Mothers nursing home bills and other sundry expenses involved in the upkeep of the estate?

Is the joint account in the names of the deceased and the mother? Im open to correction but i would think that power of attorney would have to be granted in order for the executors to have access to that account. Is that all the testator stated in his will? Was everything left to his wife?

vedwards

Thanks Hogzy for replying and I'm aware that all comments, replies to posts in this forum are opinions and may not be taken as legal advise per se.

The joint accountS are in the names of the deceased and his wife. Regarding the Power of Attorney, I understand that at one time the deceased was offered this route but chose not to to take it. The Testator "left all at the time of his death to 'my Trustees' to be held by them in trust for my wife Margaret during her lifetime. However, in the event of my wife Margaret predeceasing me or dying within 30 days of my demise, then I give all etc...at the time of my death to my six children equally and as tenants in common".

The more I read this the messier it looks. Margaret will have to be kept, at great cost, in the nursing home but how if access to funds is denied under the terms of the Will?

McCrack

If accounts are held jointly then on the death of one joint holder the surviving joint holder gets the money.

In this instance I would suspect the mother needs to be made a Ward of Court and then her monies can be used by the Committee to pay for whatever she needs to maintain her.

Seek advice from a solicitor is the next logical step.

vedwards

Thanks McCrack...it was a 'solicitor' who drew up the Will and advised.

I'm presuming that it would be best to go to a different solicitor, perhaps one who deals primarily with probate?

Hogzy

vedwards wrote: »

Thanks McCrack...it was a 'solicitor' who drew up the Will and advised.

I'm presuming that it would be best to go to a different solicitor, perhaps one who deals primarily with probate?

The solicitor hasnt really done anything wrong though. He has only executed the wishes of the testator.

I think you will find that most solicitors deal primarily with probate now (No personal injuries and no conveyancing anymore )

Milk & Honey

vedwards wrote: »

Thanks Hogzy for replying and I'm aware that all comments, replies to posts in this forum are opinions and may not be taken as legal advise per se.

The joint accountS are in the names of the deceased and his wife. Regarding the Power of Attorney, I understand that at one time the deceased was offered this route but chose not to to take it. The Testator "left all at the time of his death to 'my Trustees' to be held by them in trust for my wife Margaret during her lifetime. However, in the event of my wife Margaret predeceasing me or dying within 30 days of my demise, then I give all etc...at the time of my death to my six children equally and as tenants in common".

The more I read this the messier it looks. Margaret will have to be kept, at great cost, in the nursing home but how if access to funds is denied under the terms of the Will?

The funds in the joint accounts pass by survivorship and do not go into the estate. An application can be made to have her made a ward of court. The court will take over her assets and use them for her benefit. Any assets in the estate are in trust and can be used for her benefit by the trustees.