No will made - what now?

coylemj

https://www.boards.ie/discussion/comment/117844890#Comment_117844890

That would expose the son to the accusation of defrauding his mother out of her (potential) inheritance. The account holder would need to do the transfer. Or write the son a cheque.

Billgirlylegs

https://www.boards.ie/discussion/comment/117843644#Comment_117843644

If this a blue book account, write a letter, get your friend to sign it and send it in to the GPO.

State that the account holder wants to set up a new Nomination in favour of their child. They will confirm if this arrangement is still possible(it used to be, but I don't know if it was discontinued).

Otherwise, if your friend dies, their spouse has a claim as per earlier post. Hope you and they can get sorted.

coylemj

Does a nomination from a Post Office savings account have the same legal protection as a nomination under S.21 of the Credit Union Act 1997?

If I have no assets other than €23,000 cash and I have a living spouse and children, I can put my money into a CU account, fill out a nomination form for the full amount in favour of my mistress and when I die, the CU will give her the money and there is nothing that my wife or children can do about it. Does the same apply when we're talking about a nomination from a PO account?

cnocbui

https://www.boards.ie/discussion/comment/117858755#Comment_117858755

I have been an executor and stand by my suggestion. Good luck to the mother trying to prove anything and in finding a solicitor with fees so low as to make the attempt worthwhile. Account login details trump all else if acted on before an account is frozen.

coylemj

https://www.boards.ie/discussion/comment/117859299#Comment_117859299

I have also been an executor and stand by my assertion that your suggestion (son moves the money) would amount to depriving someone (his mother) out of their legal entitlement. The moral rights and wrongs of it are neither here nor there in a legal forum.

cnocbui

If the father tells the son the money is his, and to take his login details and transfer the money to his own account, and he does so while he is still alive, then it's not anything the wife is entitled to. It only becomes an estate issue after the father has died.

diggerdigger

Assuming there is no other estate to mention, then gift the money before they die. Just transfer it and document the gift with a signed letter. Its no executors business in that case. And if they are within allowances historically to date, no tax. IMO we leave too much to wills. and probate, and executors.

dotsman

If the father is of sound mind, there's no issue gifting the money to the child. It is only when the father dies that the mother has a legal claim. Until then, the father can do whatever he likes with his money (assuming the account is in his name and not a joint account with the mother, or there is some pre-existing agreement to give the mother the money). If the father is bed bound and does not have internet or phone banking, then there are practical issues to gifting the money, but not legal. If he doesn't have internet/phone banking, does the father even have a cheque book? If not, can he get internet banking set up?

Peig Sayers

Thanks everyone. My friend doesn't have a cheque book and only has a post office account which is not an online one. I will suggest downloading the app so they can have it up and running should they wish to transfer the money to their child while they still can. I can do no more!

Thanks for the help everyone.