How to advise over a moral dilemma

Thanks Scribbles, that’s the way to go.

When was the will made and was the mother of sound mind? What was the nature of the fraud? Did the brother lie about the assets? Didn't 'Jayne' have any contact with her mother pre Covid; were they estranged? Why did the brother have the LPA? What do you mean by an 'electronic will'? Do you mean that it was emailed?

A good point H1954 and Chewbacca.

If the OP doesn't report the brother surely that would make her complicit in the original fraud crime

My thoughts exactly. Jane could end up being asked to pay the shortfall by the local authorities even though she didn't benefit from the fraud. Especially if it can be proven that she was aware that the fraud took place and did nothing about it.

If the OP doesn't report the brother surely that would make her complicit in the original fraud crime?

Of course she should report it. She should approach the local authority and I would personally also see a lawyer since she has now involved her daughters.

I honestly don’t see a problem, her brother has defrauded the local Authority, in effect he has defrauded all of us, so she should tell the authorities.
They will claim the money back from the Estate, as Jayne isn’t a beneficiary anyway it won’t affect her.
Unless of course Jayne wants money in exchange for her silence?

As I said before you OU2017 now have a moral and a legal duty to report it .
So when are you going to do it?

PS if you yourself spill the beans thta would spoil Jayne's leverage.

Jayne has the moral right to threaten her brother with disclosure despite this being blackmail. Circumstances do alter cases.
Jayne needs legal confirmation she'd not be breaking the law if she did so.

I11te this is not an abstract problem/ hypothetical problem / I’m not conducting research .
I can only repeat what I’ve said before. This is a true and current problem which is causing Jayne a lot of distress.
She knew that her brother had power of attorney over their mother’s affairs during their mother’s lifetime .
What Jayne did not know was at the time of her mother’s death in May was that she ( Jayne) had actually been disinherited and was not a beneficiary of her mother’s will
b) that her brother had lied to the local council about their mother’s assets.

These two facts have only come to light after probate was granted in the last week or so.

There is a legal requirement to contact all those who may have an interest (in the legal sense).

When I set mine up my sister was informed, even though my three children were overseeing the process.

The OP's friend wouldn't necessarily know that her brother had power of attorney hazel. A third party would have been approached by the solicitor to sign that they were happy with the brother being given this role.

Another relative would have been preferable but I don't think it would have had to have been the sister.

Much always did want more--it's a known fact.
I'd dob the man in once you have the facts to back up the fraud. HMRC would be interested too.

Excuse me ! Your friend did not know "Power of Attorney" had been granted to her brother only, without her knowledge or consent!! Highly unlikely.
Having dealt with this process twice now, I know any decent solicitor goes above and beyond to ensure the info. given is totally accurate.
Nothing to do with morals - that's the law.

ilte that would be far too interesting to read, buT thank you, I’m on a thread talking about cold tea, much more fun than helping someone to do research.

Did the mother have dementia?
Even if she didn’t, in such a case I’d strongly suspect that he wrote a new will for her, and it was then a case of, ‘Sign here!’

What you can do about it now I don’t know, such things being virtually impossible to prove.

As for defrauding the local council over the care home fees, with very good they take such things extremely seriously and for my part I think I’d be inclined to report it.

I suggest the Op is researching Lawrence Kohlbergs stages of moral development.

It is quite interesting if anybody wants to look it up.

I taught in this area. Although the Op has changed details I recognise the construct.

?

Good thinking Oopsadaisy

I agree with Chewbacca

Well I have an idea, as he is obviously a fraudster and a s**t, why don’t YOU report him to the police?

There, job done.

And I still am amazed that Probate has been granted so soon. My MILs estate is so easy to sort, yet we are still waiting 3 months later.

I don’t know if I’m being thick here, but if ‘Jayne‘ hasn’t inherited anything, how could she be expected to pay back her ‘share’?

And her children must have inherited about £3K each if my maths is correct.

If Jayne knew her brother was carrying out any other form of fraud, eg fiddling company accounts, or tax dodging, would she report him to the police? That’s the question she has to ask herself. The fact that it involves her late mother is a red herring.

H1954 OP ?
I can assure you the facts are genuine.
The Estate was in the form of cash assets only ( various bank accounts ) .
A solicitor was used to help out with the application but that was all . The son as sole executor was responsible for the distribution of the estate.

My Mum died last September, probate granted in May, a % of the estate has been distributed, but not all as some loose ends and possible CGT to sort out.
And the solicitors bill!!

I wish I knew which solicitor they used for probate! My FIL passed away very early into lockdown; probate has STILL not been completed. Therefore, I have very little belief in the OP being genuine to be honest.

Personally, yes. I would drop him in it from a great height.