Fraud

[Bryn]

Hi
As an executor I suspect both other executors of conspiracy to defraud my late grandfather who had mental issues. However, I am told by the probate solicitor he is unable to investigate, is this correct?

[Harassed One]

HI Bryn

I am an executor for my mother Will and have found that a family death can bring out the worst in people. My gut reaction would be this.

1, Do you have any evidence or is it just a feeling?

2.If you have evidence, then call the Police.

3, If it just a feeling. Go get a free 20 minute free advice from another Solicitor.

One way or another, hopefully you should get some advice and solace

advice from a quick google
What to do if probate fraud is suspected

• Examine the previous wills and notes made, to gauge any changes and see if further investigations are warranted.
• Check the signature to the will compared with previous wills signed by the deceased, as well as the location in which it was signed.
• Check the witnesses to any new wills – would they have been known to the deceased or to the ‘new’ beneficiary?
• You can also obtain medical records and make enquiries of the relevant authorities and banks.
• If necessary, report the matter to the police.

[des8]

If you suspect fraud before your grandfather passed away, this is not a matter for you as executor., nor the solicitor appointed by the executors.

Did your grandfather have capacity,?
was there someone with power of attorney over his affairs?
Did someone who didn't have an LPA have access to his affairs ?

[Bryn]

Hi
Thanks for your reply. Yes he had capacity, he was 86 and unable to read or write, but he was heavily influenced and the executor has addmitted to this. No one had lpa. One of the executors took over his financial affairs and took huge sums of money out of his account, and shared it between them, when asked at the reading of the will where all the money had gone they both said they had no idea and he must have spent it. I then placed a caveat which was later sealed. However I am now being harrased to remove the caveat as I cannot afford to take it further. The police are of no help as one was named on his account even though the fraud act states a fiduciary or any 3rd party should not gain from their position.

[des8]

Was the money removed before or after his passing?

[Bryn]

Both before and after

[des8]

Regarding the removal of funds after your grandfathers passing the solicitor should investigate if he was jointly appointed by all three executors.
If he was only appointed by the other(s) i would suggest you obtain independent legal advice from a contentious probate solicitor.
Try for a free or limited fee consultation for starters.

[Bryn]

As I said earlier I cannot afford any solicitors costs. Is there anywhere I can get information on raising a civil claim for fraud and do it myself? I have spoken to Experian as I know one of the executors had financial difficulties, they have agreed to send their financial history once I get the authority to do so from them which is not hoing to happen. Is there any other way to obtsin this?

[des8]

So you want to take civil action as a litigant in person.over money removed without authority from your grandfather's estate by your co executors.
Be warned that if you cannot afford solicitors at this stage, you are most unlikely to afford this sort of action.
If you lose you could face a bill of tens of thousands of pounds.

Obviously you have not posted full details or the proof you have, but the police won't take action, and the solicitor is also declining.

As suggested in an earlier post I also would recommend you take legal advice.
Try for a free initial or fixed fee consultation with a contentious probate solicitor

[Bryn]

Ok thanks for your input