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Legal, pensions and money

Stolen Inheritance

(16 Posts)
Coco51 Wed 17-Mar-21 14:48:45

My mother died in 2013. There were some relatively unique issues with regard to an agreement we had after myself, brother and sister contributed to the mortgage. The way my brother wrote mum’s will (in the knowledge she wanted all of us to benefit equally from her and my dad’s contributions to the mortgage) was in contavention to a Deed of Trust we had all signed. Immediately after mum’s death my brother and sister emptied mum’s bank accounts using her bank cards. They did not tell the banks she was dead until 6 months after the death, when they applied for grant of probate. They had decided to keep mum’s house and buy me out. I had no choice in the matter. So all of the outgoings for the house during the six months were to their own benefit. They imposed a price at which they would ‘purchase’ the property. I discovered in 2015, that they had assented the property to themselves in 2014 and all of the house expenses were taken out of mum’s estate, including a ‘Landlords insurance policy’ They also claimed hefty travelling costs while they were travelling back and forth to their house. They refused to provide proper accounts but from what I did see, had commissioned a homebuyer’s survey which again they paid from the estate. On Bank Statements they had concealed transactions, and had given gifts to people at their own discretion. Part of the will was that mum left me £3,333, (which is indisputably due to me) and a third share of residual money. Despite the estate being worth £275.000, they spent every penny of the cash and told me there was not enough money to pay my £3k legacy, all of my objections, solicitors letters have had no effect, and now they refuse all communication. I would never have had enough money to go to court privately (£30,000), but I was advised by Action Fraud that I was a victim of ‘Fraud by abuse of a position of trust’ s.4 Fraud act 2006. AF passed the case to my local constabulary who decided at the get go that they were not interested. They admitted ignorance and refused to seek the advice of the CPS who have very clear guidance that the actions of my brother and sister did in fact amount to criminal theft/fraud. The police would not even take a statement and refused to look at the documentary evidence I had. One outstanding piece was a deduction from the estate, with a receipt dated and paid for three years before my mothers death.
As mentioned earlier I still do not have my £3k and my brother and sister refuse to entertain the notion that this is theft.
I know a civil case to recover my money is out of the question, but since the money is still due to be paid, there must surely be redress for the criminal offences that have been committed and are continuing. What can I do?

tanith Wed 17-Mar-21 15:11:13

Well from what you’ve said you have gone down every avenue and got nowhere. Apart from taking them to court im not sure what else to suggest.

Katie59 Wed 17-Mar-21 15:21:31

I guess your brother and sister were executors, it sounds like they defrauded you out of your legacy. It’s going to cost much more than £3000 to get any kind of redress and no solicitor is going to help without cash up front.
Sorry.

NotSpaghetti Wed 17-Mar-21 15:23:33

A no-win-no-fee solicitor maybe?

Ellianne Wed 17-Mar-21 15:32:35

Surely emptying someone's bank account using bank cards is a matter for the police?

crazyH Wed 17-Mar-21 15:34:39

This is out of my intellectual or legal reach. But, I do so feel for you. Gosh, I hope my straightforward Will, leaving everything to be equally shared by my 3 children will not cause any problems. My only issue is my jewellery , which I want my daughter to have but I would like one piece each for my daughters in law.
I hope you will get some advice here. Good luck !

Katie59 Wed 17-Mar-21 15:41:29

Just had second thoughts have you looked at County Courts Money Claim Online. Fees are modest, you show the judge your evidence and give your side of the story and he will give his judgement.

It looks like you have a good case and I think the judge will be sympathetic, brother and sister would have to be very convincing to win, they may not even bother to defend it. In which case you can send the bailiffs to collect your legacy.

Has anyone else used the court to collect a debt.

Coco51 Thu 18-Mar-21 10:09:29

Thank you to everyone who has replied here, it is much appreciated

Jane43 Thu 18-Mar-21 10:21:10

Ellianne

Surely emptying someone's bank account using bank cards is a matter for the police?

How upsetting for you Coco51. It was surely fraud and I think the bank could be at fault here.

Jane43 Thu 18-Mar-21 11:39:41

This may help with raising the matter with the police again.

crimebodge.com/how-to-force-the-police-to-investigate-a-crime/

m13ckm Mon 22-Mar-21 11:16:39

We have a close family friend who has residency in an EU country and currently rents out his U.K. residence. He has arranged with my DH that all of his U.K. post is to be sent to our address. I have concerns in the legal aspect of this as we have had letters from pensions office , dvla and letters relating to his U.K. address It appears that as my DH only got half his winter fuel allowance this year because of the friend registering our address as his own I have asked that he doesn’t use it but DH doesn’t seem to worry. I am concerned as surely it’s not legal

Katie59 Mon 22-Mar-21 12:42:25

It gets complicated who is resident at your place, you have already had winter fuel, it could also affect credit reference agencies, probably others too.

PetitFromage Wed 31-Mar-21 05:18:46

Check your household insurance policy to see if you have legal expenses insurance.

Dinahmo Wed 31-Mar-21 12:37:52

Katie59

Just had second thoughts have you looked at County Courts Money Claim Online. Fees are modest, you show the judge your evidence and give your side of the story and he will give his judgement.

It looks like you have a good case and I think the judge will be sympathetic, brother and sister would have to be very convincing to win, they may not even bother to defend it. In which case you can send the bailiffs to collect your legacy.

Has anyone else used the court to collect a debt.

In the past both I and my OH have taken a case to the small claims court. We each won our case, but having done so the money or assets still have to be obtained which involves bailiffs, which cost more money. My PH's case involved a car accident but the other party just claimed that the car was his uncle's and he owned nothing. The tv and stereo belonged to his mum. In my case the other party claimed that assets were in fact owned not by him personally (who I sued) but by his company.

It seems wrong that you can do nothing.

Dinahmo Wed 31-Mar-21 12:39:32

I've just had another thought - why not place a charge on the house for money owed. That charge will stay on the Land Registry records until they try to sell it? It might not get you the money in the near future but you might get some satisfaction out of it.

muse Wed 31-Mar-21 13:12:25

You could put a charge on the property as Dinahmo says but this could be contested by the others. They do only last 12 years.

Travelling expenses can be rightly claimed. I had to travel once a week if not more to the house and solicitors when sorting out sale of property after death of family member.

I'm puzzled as to why the bank didn't want the death certificate. Also puzzled as to why the probate court haven't queried the bank accounts, house sale and expenses. I'm presuming probate has now been granted. We had to get 3 valuations for probate. This ensures a sensible price is being sought.

It's now 8 years since your mother died and I'm sorry for your loss. Drawing the money from the account after her death is illegal. Ring ActionFraud again. The police have to act on it. Have you ever contacted the bank?