Q&As

Where a beneficiary is gifted the sum in a bank account and that bank has since been taken over by a different bank, what remedies will the beneficiary have in respect of the sum held, where the executor has omitted/refused to make proper enquiries of the different bank?

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Produced in partnership with Nicholas Holland of McDermott Will & Emery
Published on LexisPSL on 01/03/2021

The following Wills & Probate Q&A produced in partnership with Nicholas Holland of McDermott Will & Emery provides comprehensive and up to date legal information covering:

  • Where a beneficiary is gifted the sum in a bank account and that bank has since been taken over by a different bank, what remedies will the beneficiary have in respect of the sum held, where the executor has omitted/refused to make proper enquiries of the different bank?

There are a number of remedies which may be available and the suitability of each would be fact specific. They would range from an action for administration by the court, substitution of the personal representative (PR), direction from the court on the pursuit of the asset could be sought or a claim made against the executors for mismanagement.

However, th

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