• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Suspected Fraud

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Suspected Fraud

    Hi all,

    My sis & her partner took charge of mom's will, & became her POA. This came as a complete shock to me as they never really had much to do with her. Now mom's died, & most of her money has gone missing. Although the will hasn't yet been read, but sis said there's no money left, & her partner said there's not much money left. I'm not bothered about the money as I don't feel that I've been conned out of any inheritance, but I can't believe that they did this to my poor old mom who trusted everyone! Plus I've never believed that mom had full mental capacity during this time.
    Can anyone please advise what to do next?
    Tags: None

  • #2
    Hi Mork,

    I'm sorry for your loss. It can be really difficult when we find things out after the event, so to speak.

    Attorneys can only act before a person dies. Once they die the Will takes effect and all powers given to the Attorney during life, cease. Did your sister and her partner act under a Lasting Power of Attorney (LPA) that was registered with the Office of the Public Guardian or some other type of power of attorney? During the person's lifetime the attorneys must comply with the Mental Health Act and if possible always ensure the individual knows and as far as possible understands any steps they take. If you believe the attorneys have not acted in your mother's best interest it may be worth contacting the Office of the Public Guardian, although now your mother has passed away it may be difficult for them to do much other than point you in the right direction.

    Just because someone is an attorney they can't 'take charge' of another person's Will. Only the individual can give instructions for a professional to prepare a new Will and then certain criteria have to be met, ensuring the person giving the instructions understands what they are creating and the effect of any of their wishes. Of course anyone can write a Will themselves which may not meet the standards expected or there may be reason to suspect they have been forced into having the Will prepared.

    When did your mother make her Will? Was there a previous Will made that is considerably different to the current one? Who are the executors in the Will? When you say most of her money has gone missing what sort of amounts are we talking about, thousands or tens of thousands? Was there a property? Did your mother move to a care or residential home and have to pay fees? What was your mother's mental state when she made the most recent Will?

    Will readings are actually a misnomer they don't happen other than in films. If you are a residuary beneficiary then you should be able to get a copy of the Will from the executors.

    There may be an option to challenge the Will if you believe your mother was unduly influenced to change her Will but these claims can be difficult to prove and costly.

    Once we have a bit more information we may be able to point you in the right direction.
    I am a qualified solicitor and 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.

    Comment


    • #3
      Last edited by Mork; 20th March 2019, 13:54:PM.

      Comment


      • #4
        Sorry, might I also add that mom had a funeral plan so there was nothing to pay there. Also there's the mystery of another life insurance policy which mom claimed to know nothing about. The rest of the family were asked by my sister & her partner to sign in order to release this money. I refused to sign, & contacted the insurance company who said that we wouldn't need to sign anything as one of the executors could do this. I'm sure that they would know this as they do appear to know exactly what they're doing. However, they've never given me any reason to trust them so far, so do you have any idea why they would do this?

        Comment


        • #5
          Hi again,
          So you did have concerns during your mother's lifetime and reported them to the OPG and Social Services. They had reviewed matters and in their opinion believed that mum had the capacity to make her own decisions. Is that correct?

          You also seem to imply that solicitors prepared your mother's Will. If that is the case then they should have prepared an attendance note confirming that your mother understood what she was requesting in her Will and also that she had capacity to provide the instructions and again understood the ramifications of her instructions when it came to signing the Will. It can be difficult when someone has memory issues or even has a diagnosis of dementia, for example. Even with a diagnosis it doesn't mean that someone doesn't have the mental capacity to prepare/authorise legal documents. The legal test is applied at the time of the instruction and at signing. Dementia patients can have lucid times when they would be deemed to have legal capacity and solicitors are of course aware of issues that can arise when dealing with these individuals. In the normal course of things a lawyer would follow the golden rule and if there was any doubt about someone's capacity they would obtain a Dr's report confirming or otherwise, the person's mental capacity.

          Do you know which solicitors dealt with her Will? Have you contacted your sister to request a copy of the Will?
          As far as the insurance is concerned what was the document you were asked to sign by your sister? As the insurer said the executor can apply themselves to obtain this but any amount transferred is then part of the estate to be distributed as per the Will. If your mother had nominated who the life insurance would be paid to on her death then the executors would not necessarily need to be involved other than to obtain the values for IHT (inheritance tax) form purposes, but payment would be made directly to those nominated by your mother.

          As far as money at her home is concerned it may be very difficult to prove this was at her home when she passed away unless you have cogent evidence of this. Did you see any money at the property in the days before she passed away or is this something you are just aware usually occurred but no recent sight of it?


          Sorry more queries again I'm afraid. With the amount you believe to have potentially gone missing and unless the life insurance policy was considerable you may need to consider the cost of pursuing this much further and whether it is sensible to fight on the principle. Did the insurers give any indication of the amount to be paid out in the policy when you contacted them. Probably not but they may have done.
          I am a qualified solicitor and 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.

          Comment


          • #6
            Hi PERIDOT,

            Yes that's correct. I was aware that my mom's behaviour changed, & believed that if there was any doubt regarding her mental capacity then the Will or LPA should never have been. Plus these people didn't know my mom like I did. I have contacted my MP regarding this matter, maybe if more people did this we could make a difference.
            The law needs changing as this system's far too easy for people to be taken advantage of.
            understand that trying to do something about this would cost me, & cause me more heartache, & I'd probably still never be able to prove anything. It's such a great shame, as what my sister & her partner have done appears to be a legal way of stealing.

            Comment


            • #7

              Comment


              • #8
                I'll tag Peridot for you as she may have missed your post xx
                We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  Thank you

                  Comment


                  • #10
                    https://www.gov.uk/wills-probate-inh...robate-records
                    I am a qualified solicitor and 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.

                    Comment


                    • #11
                      Hi PERIDOT,

                      No worries, & thanks for getting back to me.

                      Yes I'm a beneficiary.

                      There was no probate.

                      Money did go missing before mom died, there's no record of what's happened to this money. Could I go down the route of undue influence with this, or would this count as money not to be included in the Will?

                      Things have become very nasty, with threats, & accusations that I've stolen this money. So obviously I'm going to have to do something very soon, as they appear to be trying to turn the tables on me.

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                      Announcement

                      Collapse

                      WILLS AND PROBATE HELP

                      See more
                      See less

                      Court Claim ?

                      Guides and Letters
                      Loading...



                      Search and Compare fixed fee legal services and find a solicitor near you.

                      Find a Law Firm


                      Working...
                      X