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Topic starter
12/02/2015 5:20 pm
Hi All
As you may know I lost my mum on the day were due to go down south to see her,(January 20th) and also needed to unfreeze my bank account due to being sequestrated on the same day.
We invited my father to come and live with us here in Scotland which he accepted and we moved him to Buckie to be with us. He was not well for a short period and last Sunday 8th February he collapsed, and we needed to call an ambulance, and he was taken to Dr Grays Hospital Elgin.
Unfortunately he died on the operating table on Tuesday morning 10th February.
Before he went into hospital he told me that I was his executor of his will and that his wish was to have any monies that he had in his bank account if and when he passed over he wanted it to be split between the 2 grandsons.
Now as he has passed over and on reading his will there are no written instructions regarding his last wishes.
So now I have a problem and a question or 2.
As I am in sequestration and I suppose technically any monies left in his bank account would be mine, if I or the bank transferred the monies to the grandsons accounts would the AIB trustee say that I have committed an ofence of fraud and want the monies for repayment to creditors, or would they accept the will and wishes of someone that had recently passed on.
I know this may need a legal answer but I would appreciate an experts answer here first.
I am sorry this may seem morbid but I am struggling to come to terms with loosing both parents within 3 weeks of each other, and to have this inheritance problem hanging over me I don't know if I can cope with talking to a trustee.
lighhtbodyae55
12/02/2015 8:07 pm
Hi lightbodyae55.
I'm so sorry to hear that - what an awful few weeks you've had.
I'm not sure we can give you advice on your duties as an executor I'm afraid. If you haven't seen it already the following guide might be a useful starting point:
http://www.scotland.gov.uk/Resource/Doc/111815/0027240.pdf
Once you've established who rightly stands to inherit you'll be in a better position to decide what contact with your trustee will be appropriate. The key point, as always, will be to maintain good lines of communication and keep everything out in the open.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
13/02/2015 12:57 am
Such sad news lightbody. I'm so sorry for your losses.
If you - understandably - don't feel able to talk to the AiB or a legal expert right now, then it's probably best not to allow any transfer of monies in the meantime.
13/02/2015 9:45 am
Hi lightbodyae55,
I'm so sorry to hear of your loss and I can't even begin to understand how you must be feeling. Do you have friends/family around you for support at this time?
The link that TDA has provided gives a very good understanding of what needs to happen and the procedures that an Executor will need to follow.
If after you have followed all of the procedures and you stand to benefit from any remaining money then the Accountant in Bankruptcy could look to ingather this for the benefit of creditors. It will unfortunately come down to what was written in the Will and who stands to benefit from this.
Like candlewick has suggested don't do anything at the moment until you find yourself in a position to speak with the AIB or a legal expert on dealing with the estate. It's not something that I have a great deal of experience so I'm limited to what I can tell you.
David is not currently posting in the Trust-Deed.co.uk forum
Topic starter
13/02/2015 3:44 pm
Hi All
Thanks for your kind words and reply's.
I have had a look at the link TDA gave and I have downloaded a copy.
I think that i will need some legal advice on this.
Does anyone know of a good solicitor in the Moray/Banffshire area?
lighbodyae55
13/02/2015 5:37 pm
I'm afraid I can't help with a local suggestion lightbodyae55. Hopefully someone reading this who is based locally might have a suggestion for you.
I truly wish you well with sorting this out - it must be the last thing that you need at the moment.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
13/02/2015 9:10 pm
Please contact me through this site , regarding good Solicitors in your area . I have friends in Lonmay and New Deer . Though you may wish to look up the free legal advice clinics in Aberdeen , through the University or the Scottish legal aid board , sorry for your loss . In hoc signo vinces .
