Question re stealing money from account after death?

Steve_xx

weemck85 wrote: »

Hi Steve,

I've since found out that if the bank refund the money then they technically become the victim and they will pursue the criminal element themselves. I just don't know what is correct?? I'm planning on phoning Santander tomorrow to see what the update is and what they plan to do about involving the police.

Yes they certainly will want to recover it. They would do that rapidly if the woman concerned also happened to bank with them.

You really don't have to wait for Santander to act before you involve the police. You can be involving them now, with a rider on it that Santander may be persuing it and that if they choose to then you would drop your action via the police.

weemck85

Steve_xx wrote: »

Yes they certainly will want to recover it. They would do that rapidly if the woman concerned also happened to bank with them.

You really don't have to wait for Santander to act before you involve the police. You can be involving them now, with a rider on it that Santander may be persuing it and that if they choose to then you would drop your action via the police.

We have an appointment tomorrow with a solicitor to discuss other things but I think what we'll do is go into Santander and get all the relevant details, times/dates/account numbers etc and go to the police.

Thanks for all your assistance in this.

Steve_xx

weemck85 wrote: »

We have an appointment tomorrow with a solicitor to discuss other things but I think what we'll do is go into Santander and get all the relevant details, times/dates/account numbers etc and go to the police.

Thanks for all your assistance in this.

That sounds like a good plan. I wouldn't mention this to any solicitor. I'm sure you don't plan to do that tomorrow. It's ideal if the bank will recover or refund the money to your mothers account, and failing that then it's the police.

kidmugsy

bengal-stripe wrote: »

Neither of us knows the ins and outs of that relationship.

Nor do we need to. On the facts as presented it's theft.

bengal-stripe

kidmugsy wrote: »

On the facts as presented it's theft.

Obviously, you're a friend of instant "justice"; you only know the story as presented by one side.

There might be more to it than the OP knows or is willing to tell.

jodles16

Just wanted to say Im sorry to hear of your dads death and this unpleasant situation, I think your question has been answered to a certain extent and just wanted to wish you all the best.

Jodles

weemck85

bengal-stripe wrote: »

Obviously, you're a friend of instant "justice"; you only know the story as presented by one side.

There might be more to it than the OP knows or is willing to tell.

There is certainly no more to it otherwise I'd have stated to get an informative answer. At the end of the day I don't stand to gain anything from this. I just want back what is rightly my mums In the eyes of the law.

NotRichAtAll

i have only flipped through this thread, but i agree that a theft has occurred from your dad's account. Have you gone to this other woman and told her of your finding's and that you intend to involve the police? maybe she will return the money then.

jamesd

Best wishes for a proper resolution of this. As others have said the legal position is clear, as joint account holder the money belonged to your mother and either she or the bank, if it accepts responsibility and refunds the money, are the victims of the crime.

So far as debts go they aren't your mother's but since they come out of the estate and it appears to have plenty of money to pay them it's effectively correct that she should pay them, since as executor and beneficiary of his will she will end up not getting the money one way or another anyway. Creditors do tend to be understanding in these situations and she shouldn't hesitate to ask for a few months with no charges or payments to get things sorted out. Longer than that is also fine if needed.

The life insurance is paid outside of his estate to whoever is or are the named beneficiaries. The executor has no say in this, nor does the will.

Same for any money from pension pots if he has any, there an "expression of wishes" form could have been completed by whim to say who the money goes to. If no form was completed the trustees of the pension scheme will decide and they will welcome evidence like the will and perhaps the conduct of the more recent partner in deciding what to do. given your age, assuming there are no younger children your mother would probably receive all of such money if there was no form.

Enfieldian

FireWyrm wrote: »

Sod the bank, report it to the police as theft and press charges.

I think it will be down to the CPS to decide whether to "press charges"