Inheritance problems.

Jimbo13579

Hi, any ideas would be welcomed. My mum died, July 2011, sister was appointed executor. The will was settled in October of that year, she's still refusing to pay me the balance. She's given me a bit, but she apparently lent the rest to her partner, who has lost it. The will was split 4 ways, sister, her 2 kids, me. All have been paid except me. I realise that I can't get legal aid for probate, ids she committing a criminal or a civil offence? She's apologised, and said she'll pay me when they have some cash, maybe some time next year. Stressed out to hell!

RAS

She What??????????????????????

As the executor she is personally liable any payments that have not yet been made.

Talk to the Probate Registry and see if there is any legislation they can refer you to.

Then speak to her informally and if she declines to organise immediate payment, tell her you are taking her to court. How much is that as a small claims case is cheap enough to take on?

You would be entitled to speak to the police ( you could try a what if conversation with your local police station).

pollypenny

That is awful. I realise you wouldn't want to get your sister in trouble with the police, but, by god, she has stolen for you!

You could have the half hour initial free consultation with a solicitor .

madbadrob

In one short answer yes she has broken the law and cold now be subject to a charge of theft. I would seek legal advice (you get 30 mins free) or go to the CAB. She has a duty under law to protect all the assets of the estate and pay them to the people they were bequested to. By passing money destined for you to her husband she has committed an act of theft.

Rob

Savvy_Sue

And how old are her children? If under 18, I believe their money should be 'in trust' for them, is it? Or has her husband 'lost' that too?

John_Pierpoint

First step is to get your paperwork together.
Get the official copy of the will and the grant of probate embossed from the Probate Registry. That should give you a rough valuation of the estate.

See if you can find out how the money was routed to its fraudulent destination - it should have gone through an account designated "The personal representatives of XYZ deceased"

As the house has yet to be sold a competent solicitor should be able to mount a grab for that on your behalf..

Why do you think your sister has become a fraudster and why did you mum not realise?

paddedjohn

John_Pierpoint wrote: »

First step is to get your paperwork together.
Get the official copy of the will and the grant of probate embossed from the Probate Registry. That should give you a rough valuation of the estate.

See if you can find out how the money was routed to its fraudulent destination - it should have gone through an account designated "The personal representatives of XYZ deceased"

As the house has yet to be sold a competent solicitor should be able to mount a grab for that on your behalf..

Why do you think your sister has become a fraudster and why did you mum not realise?

Where does the OP say that there is a house?

madbadrob

John,

She has never said her sister was a fraudster in fact she isnt because she hasn't obtained anything fraudulently she has actually committed theft by taking money from the estate and giving it to someone else. In real terms her husband could be a fraudster however he has committed an offence of handling stolen goods.

All that said I am not sure has to whether the police would get involved with this but rather suggest this is a civil matter rather than criminal.

The OP has two choices, forget the money and move on or to call the police and ask them to investigate the theft of the money. Oh and a third point of action would be to get legal advice from the CAB or a solicitor

Rob

John_Pierpoint

Surely the obligation on a trustee is ALWAYS to put the interests of the beneficiary before ANY of their own interests.
The facts speak for themselves, case closed.

When it comes to theft there are all sorts of defence that can be thrown up against a charge of theft - that is why the police call "nicking" a car TWOCing.
It used to be almost impossible to arrest someone for stealing a boat because there was an old common law right to "borrow" another's boat without getting permission if the need arose.

It is sad that these days we have to try to legislate morality into people.

(Sorry about the house remark. That must have been another thread where the executor was trying to hang onto the house for the benefit of their children).

madbadrob

Actually John there are two charges that are levied where theft of a vehicle are concerned. TDA which is the most common is Taking and driving away, this applies when the vehicle being taken is one not owned by someone who could have given permission to use the vehicle ie stranger. TWOC is now only used in the main cases where the vehicle is owned by a friend or family member. Anyway we digress.

I agree there is a case of misappropriation of funds however the question for theft arises in so much of was it dishonest and did she intend to permanently deprive. The first part of that is a closed case because as executor she had no right to use that money for any other purpose than as per the will. Whether she intended to permanently deprive is the issue and the main part of the theft act that has to be proved. You could argue that because the husband lost the money the OP is now permanently deprived however a good lawyer would argue that this was not her intention or belief at the time of the loan and that she invested it in the interest of the trust and her sister however the investment went foul. This is why I say I cant see the police wanting to get involved and will tell the OP that this is a civil matter not criminal

Rob

John_Pierpoint

Good point, the main purpose of the police is to keep the peace.
Just try to get them involved in a simple case of fraud - trying to buy a flat screen TV on the strength of my wife's credit card for an address on the other side of the estuary in a block of flats in Kent, for example.

Presumably the trustee's investment powers are now governed by this much more liberal act:
http://en.wikipedia.org/wiki/Trustee_Act_2000
http://www.moonbeever.com/category-blog-entry/159-trustee-act-2000-investment-powers
http://www.friendslife.co.uk/doclib/XIM_technicalfactsheet_ta.pdf
So what has husband done with the "investment" ?
[Hot tip for the winner of the Grand National?]