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A Transparent Attempt To Get All (or most) of the estate.

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  • A Transparent Attempt To Get All (or most) of the estate.

    The 2nd cousin of my aunt had been living close to her and had in recnet years been able to offer some practical support.

    As my aunt's memory declined, the 2nd cousin activated her Power of Attorney. It seems that the 2nd cousin was using my aunt's debit card frquently and my suspicion is that a good deal of money was spent. Thousands in fact. The 2nd cousin boasted about some expensive items that my aunt had gifted her.

    A year ago, my aunt had to go into a home after the 2nd cousin had complained that the aunt had been impossible and was ruining her life.

    The 2nd cousin immediately sold my aunt's home. She placed some of the money in her own personal account and the rest was divided into two amounts an placed in my aunt's account (POA) and another account - I do not know which.

    My aunt eventually died just a few weeks ago. At this point, the 2nd cousin revealed that my aunt had changed her Will in 2017. The solicitor reports that the 2nd cousin and her partner stayed in the room with my aunt as the solicitor recoded the details.

    I noticed that on the death certificate, the 2nd cousin had described herself as my aunt's "sister". In the Will file it is clear that the solicitor had also been told by the 2nd cousin that she was my aunt's sister - a deliberately false statement.

    I did not know the Will had been changed, that my name had been removed from the residue, that I was still going to get 50% of the value of the home, to be sold "after my aunt's death". I did not know in connection with the new will, that I had been a named co-executor.

    It seems that my aunt had managed to keep me as a co-executor of the Will because shealways trusted me and loved me but was in a difficult position, as she was growing dependent of the 2nd cousin.

    The 2nd cousin has been obstructing me in my duty as a co-executor by gving me verbally only a very small amount of information. She gave the same information to her solicitor who wrote to me outlining the finances which I have discovered were falsley constructed to make it seems as though the £25,000 of the proceeds of the sale of the home had to be used to cover expenses.

    Due to the sale of the home I fear I may have lost my entire inheritance. The 2nd cousin had arranged herself (with partner) to be the benficary of the residue.

    On being confronted in writing, the 2nd cousin has just revealed that she did not disclose another £40,000 of residue - in an old bank account and, I also have calculated that there could be as much as another £50,000 somewhere!

    Even after my aunt's death though prior to Probate, I suspect money was leaving my aunt's account.

    For the time being, I am obstructing Probate and demanding a full disclosure of finances.

    I suspect that my aunt was pressured over her Will An earlier attempt seems to have been tried in 2015 but was abandoned. I suspect that my aun't's memory was impaired in 2017. My aunt reported to a third party that she was being bullied by the couple.

    Is there any chance that I would still be able to obtain 50% of the property value, given the the 2nd cousin had taken action to the sell the property - without the needs for funds? I'm not sure but it appears that 2nd cousin has engineered taking the full value of the home for herself, rather than the 50% she would have received had she waited until my aunt had died to sell the property?

    I suspect fraud but I don't want to get the 2nd cousin into trouble with the law. I also don't wish to falsley accuse her but there is other evidence suggesting that she attempted to airbrush my name out of the funeral in every way possible.

    If you can offer any advice I would be really grateful. Many thanks.








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  • #2


    Oh dear, it seems there is always one in every family!

    If you have reason to believe the POA has been misused you should report it to the Office of Public Guardian.

    You say you are obstructing probate.... it seems probate has been granted and the house sold,so how are you obstructing?
    Have you requested an accounting of the estate from her?
    Have you instructed your own solicitor?

    Regarding the death certificate: although you cannot get it changed, you can have a correction note added to the margin of the register entry. This will be included in any future certificates that are issued. I think the cost is £90.

    Comment


    • #3
      Originally posted by des8 View Post


      Oh dear, it seems there is always one in every family!

      If you have reason to believe the POA has been misused you should report it to the Office of Public Guardian.

      You say you are obstructing probate.... it seems probate has been granted and the house sold,so how are you obstructing?
      Have you requested an accounting of the estate from her?
      Have you instructed your own solicitor?

      Regarding the death certificate: although you cannot get it changed, you can have a correction note added to the margin of the register entry. This will be included in any future certificates that are issued. I think the cost is £90.
      Thanks for the advice so far!

      Yes, the half-sister sold the property BEFORE Probate. My aunt had been in a care home for 3 months and the house was sold to the first one who made an offer. (9 months later aunt died).

      I suggested to her that she rent the property out but she wanted to get rid of it quickly.

      I now know that there was a hefty estate that could have sustained the home fees for many years.


      Comment


      • #4
        The will deals with the estate as it stands at the time of death.
        So as the house was sold prior to death (presumably your half sister used her POA) your share fails.
        The house is not part of your aunt's estate.

        Did your aunt by any chance ever treat you as a child of her family?
        If she did, you might be able to make a claim against her estate under the Inheritance (Provision for Family and Dependants) Act 1975

        If you have not yet appointed a solicitor to act for you, I would suggest a fixed fee consultation to find out what your options are, and what you should do about the possible inappropriate actions of your half sister whilst using her POA

        Comment


        • #5
          Originally posted by des8 View Post
          The will deals with the estate as it stands at the time of death.
          So as the house was sold prior to death (presumably your half sister used her POA) your share fails.
          The house is not part of your aunt's estate.

          Did your aunt by any chance ever treat you as a child of her family?
          If she did, you might be able to make a claim against her estate under the Inheritance (Provision for Family and Dependants) Act 1975

          If you have not yet appointed a solicitor to act for you, I would suggest a fixed fee consultation to find out what your options are, and what you should do about the possible inappropriate actions of your half sister whilst using her POA
          Good advice, thank you.

          What seems ridiculous is that my aunt so wanted me to get a significant part of her estate (50% of the property) but that 2nd cousin, falslely claiming to be my aunt's sister, can overturn my aunt's intention simply by selling my aunt's home, in definace of her express wish to sell the home 'after my (her) death'.

          In order to reduce the apparent size of the residue, the 'fake sister' hid a building society account from her current solicitor, who wrote to me with a reduced and untrue totoal of the estate. The solcitor suggested I forego my co-executor status. (I wonder whether they were working together!)

          Importantly, all the letters from the solicitor to my aunt were not addressed to my aunt, but to the home of the 'fake sister'.

          Am reading up continually. Thanks again.

          Comment


          • #6
            Originally posted by des8 View Post

            ...

            If you have reason to believe the POA has been misused you should report it to the Office of Public Guardian.

            ...
            I may be mistaken but I'm afraid I think you'll find that the OFG only have powers to investigate possible abuse of a POA while the donor is still alive, not after death.

            *

            Comment

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