Stolen Inheritance through legal loop hole

Shakin_Steve

xylophone wrote: »

He opened accounts in the names of the children.

In effect he was "bare trustee". The money belonged to the children.


As Trustee he was able to control the accounts.

He has withdrawn money from the accounts.

If he has spent this money on himself rather than for the benefit of the children he has taken their money.

This is an abuse of trust.

https://www.google.co.uk/search?q=trustee+stealing+from+bare+trust&oq=trustee+stealing+from+bare+trust&aqs=chrome..69i57.22081j1j8&sourceid=chrome&ie=UTF-8

Is abuse of trust a criminal offence?

Valone

I'll seek advice 'xylophone' thank you.
None of the cash has been given to the children - their dad has a new car and had a holiday this year! My kids didn't!

How did he become nominated trustee as the children have not lived with him for 11 years now. They see him twice a year and even then I have to meet him half way.

It was quieter and more peaceful before we ever knew about this money - their grandmother would be distraught - she was a great woman and came to see the children every couple of months without fail (and came all the way too!)
Sorry - I'm getting bitter - I'll stick to the point
Thank you 😊

iammumtoone

Who was the executor?

They had a responsibility to carry out the will in giving the money to the people it was meant for, they did not do that, they gave it via someone else. Were your children told the cheque had been given to their father? if so I don't think they can be held responsible as it was then up to your children to make sure their father looked after thier money. If your children were not told the funds had been released and have only found out now the money has gone I don't think the executor has acted very responsibily.

Valone

The children knew money had been left as their grandmother always told them she was putting money away for them.
They were told the cheques were at their fathers but they were never given a choice about them. Their father insisted on telling them he was banking them for them and they could have it simply by asking. It's when my daughter asked if she could have some that suspicion was raised as her father started shouting at her and told her not to go and try and access the account. She is 16 now and went to the bank and confirmed the account was empty, showing her all the drawings from the day the cheque was paid in ��

getmore4less

The children will need to sue the father when they are 18.

It is fairly common for executor to make parent(s) trustees for a minors legacy.

I would check if they should have appointed two trustees as it was minors.
They may have been negligent if two were required and they gave the money to just the father.

IanSt

Valone wrote: »

Any advice or is it a case of the children just accepting that their father is lower than low?

I don't know what means you have of contacting him, but perhaps just the mention that you are considering contacting the police may be enough to get him to pass the money across to your children.

If it works then it saves you the cost of any legal fees etc. I doubt that he's going to come on here and check whether someone has the legal right to do so, and just the thought of police involvement might make him realise the consequences of his lowly behaviour.

Mnd

I agree, somehow let it be known that you are going to involve the police, but then see it through if necessary, don't make it an idle threat

cloud_dog

Take him to the small claims court. Process here.

Valone

His father (their grandfather) has now paid some money into my daughters account to try and make amends - no mention of anything for my son but I'm grateful to see that someone in his family has some values ��

cloud_dog

Don't go soft

Request confirmation of when the childrens inheritance will be 'made good'. The fact that they (father/grandfather) have made a start shows they know the father is in the wrong.

I think there has been some confusion over whether the father had a right to access the money etc etc, and I know one poster did clarify this but.... It appears from what you have said that he stole his/your children's money.

It was gifted (given) to them, he was a trustee. Yes, he could have withdrawn the money to use for the benefit of the child(ren) but he does not appear to have done so.

Advise him that if the inheritance is not made good you will have no other option than to go through the small claims court to recover the children's money. He would then have to prove that the withdrawals were for the benefit of the child(ren).

The court fees aren't huge but need to be considered. You can request to recover the fees if you win.