What are the legal standings?

anynamewilldo2

My mum's uncle recently passed away and she and two others were named in the will.

However just before he died my mum's cousin (who is not in the will) created a joint account with him and left everybody else with 14p and his property. Other assets such as jewelry that was left to his wifes neice has also gone missing.

It's not a small amount of money either. It's in the hundreds of thousands that she has taken. But the way joint accounts work if the other person becomes deceased all money in that account goes to the other person regardless of the will. So she has legally stolen from him and everybody else.

However, my mum's uncle was not in the right state of mind to make such a decision and she took him away from his local bank where everybody knew who he was and his state of mind to another bank out of town. When she did this he always forgot who people were and even where he was.

It's currently investigated by the CDI (I believe) but we would like to know if she's actually committed an offence or if it's just "morally wrong" where the CDI are unable to do anything.

I'm shocked that a bank would even allow her to do this without some sort of check in place, such as getting power of attorney.

Is creating a joint bank account with somebody unable to make decisions themselves a criminal offence?

Thank you.

le_loup

anynamewilldo2 wrote: »

So she has legally stolen from him and everybody else.

Don't think those two words are combatable in this context - or any other.


You know the answer, a joint account belongs to the survivor and that was the uncle's choice and you can't expect a bank to know any differently.


Perhaps the person looked after the uncle in his last years and deserves what was left to her.

Paul_1977

Im quite sure that if he was not in a state of mind to do such a thing, and this is proven, then the money will be taken from her.

I see a similar thing in the press a few years ago but it does take a very long time.

anynamewilldo2

le_loup wrote: »

Don't think those two words are combatable in this context - or any other.


You know the answer, a joint account belongs to the survivor and that was the uncle's choice and you can't expect a bank to know any differently.


Perhaps the person looked after the uncle in his last years and deserves what was left to her.

It definitely wasn't his choice. He had to be reminded who people were all the time.

I guess that would depend on your definition of caring. She put him in a care home miles away from his family and then moved back to Spain where she lives.

If somebody walks into a bank with a 90 year old man trying to open a joint bank account, you wouldn't find that the least bit suspicious?

Paul_1977 wrote: »

Im quite sure that if he was not in a state of mind to do such a thing, and this is proven, then the money will be taken from her.

I see a similar thing in the press a few years ago but it does take a very long time.

I hope she gets taken down for it. She transferred all the money before he even passed away leaving him penniless.

PeacefulWaters

anynamewilldo2 wrote: »

However just before he died my mum's cousin (who is not in the will) created a joint account with him and left everybody else with 14p and his property. Other assets such as jewelry that was left to his wifes neice has also gone missing.

It's not a small amount of money either. It's in the hundreds of thousands that she has taken. But the way joint accounts work if the other person becomes deceased all money in that account goes to the other person regardless of the will. So she has legally stolen from him and everybody else.

However, my mum's uncle was not in the right state of mind to make such a decision and she took him away from his local bank where everybody knew who he was and his state of mind to another bank out of town. When she did this he always forgot who people were and even where he was.

It's currently investigated by the CDI (I believe) but we would like to know if she's actually committed an offence or if it's just "morally wrong" where the CDI are unable to do anything.

Do you mean CID?

I think they're going to struggle to prove any wrongdoing.

I'm shocked that a bank would even allow her to do this without some sort of check in place, such as getting power of attorney.

Bank staff, rightly, do not assume that just because somebody is old they should have a POA.

Is creating a joint bank account with somebody unable to make decisions themselves a criminal offence?

No.

If the amount removed is substantial and you genuinely believe you've been had then get a solicitor involved NOW. And expect a big bill for their work. This will get messy and almost certainly involve court time further down the line.

But I'd focus very much on civil law and who inherits what, rather than criminal law and who pinched what.