bank account closed without probate

A question about : bank account closed without probate

ive just found out my late Dads bank account was emptied and closed by my step brother, see other thread for more info. the bank said he essentially just got a form signed by himself and a solicitor to say he was the executor, which its looking likely he was not. they have said that as far as they are concerned he met the criteria needed to close the account.

can the bank wash there hands of it like this if it is found he acted fraudulently? as with other info from new contacts I have made in the area where my Dad lived, it would appear the stepson is very unlikely to pay me back any money hes taken.

Best answers:

• Just a thought, but if there was a solicitor involved would that not imply that there was a will?
• Surely at some point the solicitor (& possibly bank) would have needed to see the death certificate?
  If you have that cypher007 I'd be asking the bank for a copy of this 'form' so you could track down the solicitor.
• in your view do you think hes got a will and just doesn't want to spend the money executing it via a solicitor? or is he just winging it?
  to me it makes no sense to use the method he has to get the funds if he has a will, there again he only waited 9 days after my Dad died to empty the account. which is quicker than waiting for probate id imagine.
  god knows how im gonna find any other accounts. I used a utility company to find the Barclays one.
• I don't think there's any way to know if he has a Will or is 'winging it' as you said, unless you get in contact with him and ask if there is a Will.
  Without knowing if he holds one, you don't know if you have any authority to deal with the Estate or whether he does.
  He's been to a Solicitor and got a statutory indemnity signed, which means he will have sworn to the truth of the statement you cut and pasted. The Solicitor isn't required to ask for proof that he is what he says, but your step-brother has lied under oath if he isn't.
  I can't remember if there is also a property. If there's just one bank account with a fairly small sum in (amount depends on the bank) then just swearing an indemnity form is a perfectly normal way of claiming funds. If there are other assets for which a Grant will be needed you shouldn't do things that way. However, the frontline bank staff don't always understand this and often fling these indemnities at people irrespective of what they actually need to do.
• guys read this in conjuction with the other threads by OP, there is more to this than just an account.
  The is is what happens when info is split over multiple threads people go over the same ground.
  the probate board ones in this search
  https://forums.moneysavingexpert.com/...user=cypher007
• I sent him a very polite letter last week, to which he hasn't replied. if he had a will I would think the first thing he would do is wave it under my nose.
  im sending a more seriously worded letter today, giving him 14 days to basically show his hand, otherwise the LOA route will be activated.
  re: the paperwork, assuming I get into the property eventually id be surprised if the place isn't torched, going by neighbours comments, let alone left with any files in place.
• Can you check whether you ( or rather "the estate of dad") can get building insurance since you have applied for LoA?
  Might be worth the effort?
• If you have grounds to believe that the action in taking money amounted to a Fraud by False Reputation under S2 Fraud Act 2006 you cam make an allegation via the Action Fraud Web site. This gives a Crime Reference Number.
  You could request the bank to investigate this as fraud, without a crime number, but it would help. In any case the situation needs to be investigated by the Bank. (getting it investigated by police may be another matter).
  I would also say that a solicitor should also give advice as to your civil remedies. Maybe you need to further research all this before making a criminal allegation.
• Definitely peculiar. Doesn't it seem strange to anyone that the OP hasn't bothered with dad for several years......yet suddenly pops up at the mere sniff of money??
• There is no requirement to use executors accounts.
  Administrators can request payment/transfers anywhere.
  In the absence of a grant then most likley a indemnity would be required.