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abuse of enduring POA and executors duties

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  • abuse of enduring POA and executors duties

    While a person had enduring power of attorney they took all the donors cash and proceeds from house sale, she was also the executor of the will. The donor died two years ago I have not been able to get my share of the estate despite solicitors being involved. Police say itís a civil matter and wont get involved ! I have the last four years of the donors bank accounts and can clearly see where the money has gone. She says the house was a gift!

    The suspect also had enduring power of attorney over another elderly person who did get dementia (POA was not registered) and the donor was put in a care home for two years until they also died, I was due some inheritance from that will but the suspect says there is nothing to give which I know is not true ,I was due some cash and all the deceasedís personal possessions but they have vanished.

    any ideas that wont break my bank account, my solicitor says at least £6k to take her to court ! beyond my budget!
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  • #2
    Re: abuse of enduring POA and executors duties

    [MENTION=39710]des8[/MENTION] ; [MENTION=85500]Peridot[/MENTION] ?
    Common Sense .... if in doubt, use it !

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    • #3
      Re: abuse of enduring POA and executors duties

      P.O.A ceases immediately on death.
      An Executor of a will has to be named as an executor in the will........or appointed by the Court.
      I imagine it would be very difficult to prove that a house is a gift to someone unless stated in a will without even any kind of letter saying the house is given as a gift by the Donor.

      I am not a legal person of any description the above is my view and only mine there are legal minds on the forum .......they are the best people to comment on your problem.


      • #4
        Re: abuse of enduring POA and executors duties

        If you have concerns about abuse of the power of attorney, you should report them to the Office of Public Guardian (https://www.gov.uk/report-concern-about-attorney-deputy).

        Your concerns about maladministration of the estates may be addressed by making an application for a court order that she provides an inventory and account in respect of the administration.
        This will let you assess her activities and work out if an further action is worthwhile
        Has this been done?


        • #5
          Re: abuse of enduring POA and executors duties

          The Office of the Public Guardian will not touch the case as it was an old type of POA , Enduring POA and was never registered with them, they told me to report to the police but they don’t want to know either


          • #6
            Re: abuse of enduring POA and executors duties

            Not sure what youcan do about the POA but regarding your inheritance IMO the first step is to discover if the executor ever obtained a grant of probate https://www.gov.uk/wills-probate-inh...robate-records

            If probate was granted, you can then apply to the court for an order forcing the executor to declare an inventory and account.
            This is a relatively cheap & quick process, and might throw up useful information to help you decide whether or not to pursue your possible claim

            Any other ideas @Peridot


            • #7
              Re: abuse of enduring POA and executors duties

              "First step is to discover if the executor ever obtained a grant of probate"

              This has not been done, she made no attempt to find the wills involved then when I found them with the deceased’s solicitors she had to be contacted several times by the solicitors before she reluctantly collected them. She has done nothing with one of the wills and the other she has handed to a solicitor to deal with, who has advised her to get herself a defence solicitor as there were numerous discrepancies. She is now not cooperating with either of these solicitors !


              • #8
                Re: abuse of enduring POA and executors duties

                As she has not applied for probate you, as a beneficiary, could write to her and put her on notice that an application will be sent to court to name someone else to manage the estate.
                A court order may allow a beneficiary or next of kin to apply for a grant of probate.
                But as she appears to have started intermeddling in the estate, she will have to take the grant.
                If she doesn't.......and so it goes on.
                This is why your solicitor has said your looking at a £6000 bill if you employ legal help.
                If you do it yourself, it could mean lots of stress, and the diminution of the estate anyway by costs created by the executrix's legal party!


                • #9
                  Re: abuse of enduring POA and executors duties

                  Hi Ferret25f,
                  I have to agree with Des8 here. It would appear that the solicitor that the 'administrator' (for want of better description) saw has concerns, hence recommending she get herself a defence lawyer. How did you find that out? Did this 'administrator' tell you?
                  Once a Grant of Probate/Letters of Administration are obtained there is a strict 6mth time limit for bringing any claim, so it is really important that you establish whether this person has applied. Follow Des8's link he provided above.
                  If any claim is successful in respect of the estate then the estate would 'pay' the fees. Obviously this reduces the estate pot to be distributed, so you would need to have some idea of the value of the estate.
                  With regard to the Office of the Public guardian as has been indicated the EPA or an LPA dies with the person. However as the EPA had not been registered there is little they can do and this is a Police matter. Are the police aware the EPA had not been registered?
                  I really would recommend obtaining some face to face legal advice on this. Write a timeline before seeking the advice so that you can focus on exactly what has happened and when to make the most of your initial advice. It will cost but depending on the potential value of the estate and your legacy value, it may well be worth pursuing.
                  First stop check that the Grant hasn't been obtained already by this person. The longer things drag on the more likely even more of the estate will disappear, if what you imply about this person is correct. It will then be even harder to unravel the issues.
                  I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.


                  • #10
                    Re: abuse of enduring POA and executors duties

                    I have had a solicitor on this since october 2015, changed to a different solicitor december 2016 niether have got anywhere. The latest development is the accused wants to go to mediation over the wills, but when the people died the accused had already taken all their assets so there is little or nothing left. I am trying to get the police involved again but they just keep fobbing me off with, "It's a civil matter" , "it's not our area, you have left it to long etc. etc.



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