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?
