How to advise over a moral dilemma

My next door neighbour is a solicitor and I assure you she has been working, in her office, throughout this pandemic Bluebelle.

To all who have posted - I can assure you all that this is a genuine case and definitely not a hypothetical / made up scenario .
Jayne’s mum died in May and probate has been granted . I know this for a fact because it can be verified by going online on the government website which Jayne and I did together . She has also seen a copy of the estate accounts.
I framed this as “moral dilemma “ because while Jayne knows her brother has done wrong, she is also mindful that it’s a criminal act. A solicitor friend has outlined to her what could follow if she does report this deceits/ fraud. It could involve the police and even jail.
Could you do this to your brother, even if you think he’s a lowlife ?
That’s the dilemma .

I’m my Aunt’s executor along with my cousin. She died in April 2019. probate was granted in January and funds distributed to the beneficiaries. Because of Covid, the estate has not been finalised due to the Tax Dept & solicitor ‘working from home’! I find it hard to believe that’Jane’s’ mother’s estate has been sewn up so quickly - in less than 4 months? Hypothetical perhaps or a miracle?

I m sure this isn’t a real life situation my friends a solicitor they haven’t even gone back to work yet there will be a backlog of wills etc to work through it sounds a made up story as the timing is all wrong and your user name says it all really

Also adding to the above, hiding assets is not that easy.
So for her brother to hide the funds like that it would’ve taken time. And the money would not have easily then been distributed amounts the benefactors upon her death.

I'm sorry but I can't understand why this is being presented as a "moral" conundrum. From what you say, the brother is a lying, deceitful, dishonest, manipulative waste of space who has apparently interfered with their mother's will to his benefit and his sister's detriment. In addition, he has falsified his claim for financial assistance for mother's care home fees which will, undoubtedly catch up with him. Why is Jane having any doubts whatsoever as to what needs to be done? It would surely be "immoral" not to report him before she gets lumped in with the legal shit storm that's heading her brothers way?

Hm, interesting that she died of COVID and the will has already gone through probate AND been paid out. That process typically takes longer. I call BS.

I'm a hard-faced b***h and I'd certainly grass him up!

However, based on the figures you give, I'm not sure how financially worthwhile it would be for your friend to contest the will. Even if she was successful, by the time the local authority have had their rightful share and the lawyers have been paid, how much would would be left of £105,000?
She might be better accepting the financial situation and content herself with the sweet revenge of dobbing in the dishonest brother.

One of the responsibilities of holding a power of attorney is to keep records of any financial dealings made on behalf of the person concerned.
If this has not been honestly done, especially with the intent to commit fraud, then yes it should be reported.
If it isn't then that's also wrong.

Morally yes she should tell them as they all are suffering and services cut through lack of government funding so the money should be paid back from the estate.

My MIL died during lockdown and we are still waiting for probate to come through, Janes brother did well to get it done so quickly and to have distributed the money already didn’t he?

Yes she should inform the relevant authorities asap and should also seek legal advice and contest the will.

Oh well, best of luck with your research.

Er... the issue posted above is not an academic exercise . It’s a true ongoing problem involving real people

Do you have a paper to write?

I think, morally, that I would expect someone who was putting forward a hypothetical moral dilema, possibly for research, to be honest about that.
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